Lewis v. Jones
The Superior Court of New York City
Motion to set aside judgment for irregularity, and for leave to defend on the merits. This was an action upon a promissory note of $2868.27, made by the defendants to the order of the plaintiff, expressing value received.
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Motion to set aside judgment for irregularity, and for leave to defend on the merits. This was an action upon a promissory note of $2868.27, made by the defendants to the order of the plaintiff, expressing value received. The answer denied that the note was delivered for value: and averred that it was given upon the express condition or agreement that whether the note should take effect or not and be valid and have an inception, depended on realizing its amount from certain notes and leasehold property, for the purchase of an interest in which the note in suit was given. The answer also set…
1Opinion of the Court
Bosworth, Ch. J.
—The defendant" neither makes an affidavit of merits, nor attempts to excuse his laches in not moving at an earlier day.
There is no affidavit that" the judge did not file a decision in proper form. In the absence of such an affidavit, or of proof, *432that search has been made and that no decision on file can be found, I think I should presume that he did his duty.' The judgment is not void. The record show's that the action was' tried before the court, that enough of facts were found to authorize the judgment ordered and entered. ■ It is not void: (Sands a. Church, 2 Seld., 347.)…
2Cited by4 opinions
- Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913
- Hodecker v. HodeckerAppellate Division of the Supreme Court of the State of New York · 1899
- Hood v. HoodNew York Surrogate's Court · 1887
- Hupfel v. SchœmigThe Superior Court of New York City · 1872