Becker v. Lamont

Mason, Justice.

This case comes before the court on a motion, made by the defendants, to be relieved from a stipulation signed by both attorneys for the defendants and the plaintiff. The stipulation, undoubtedly has the effect to deprive the defendants, if not of their entire offset, at least of the defence that they are not personally liable upon this contract, and of several other defences set up in the answer.

*24It was decided in the case of Lincoln agt. Crandall and others, (21 Wend. 101,) that a building committee of the “ De Ruyter Liberal Institute," who contracted with the plaintiff to do…