Salters v. Ralph
New York Supreme Court
Appeal from two orders. This action was brought by Benjamin Salters, Jr., and David Porter Lord, against Edward Ralph, Jr., to recover damages for a failure to perform a contract.
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Appeal from two orders. This action was brought by Benjamin Salters, Jr., and David Porter Lord, against Edward Ralph, Jr., to recover damages for a failure to perform a contract. The defendant agreed to purchase a mortgage on machinery and to pay for it $1,500 on May 15th, 1861; also, if all the machinery covered by the mortgage was not needed, it was, together with all belting and shafting not needed, to be given up to plaintiffs, and that if the defendant should fail to perform the agreement he should forfeit $250. The summons was in the form prescribed by subdivision 1 of section 129 of…
1Opinion of the Court
Br the Court.*—Barnard, J.
The two motions on which the orders appealed from were made were heard together in the court below. The motion for a stay of proceedings was noticed before the judgment was entered.
TJpon the hearing of this motion, plaintiff interposed the fact of his having obtained judgment as a bar; defendant answered to this that the judgment was irregular, and that he had a motion then on the calendar to set it aside for irregularity.
The judge heard the motions together, and rendered his decision, setting the judgment aside for irregularity, and staying the proceedings. There is…
2Cited by6 opinions
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- Noyes v. . PhillipsNew York Court of Appeals · 1875
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Muldoon v. LynchCalifornia Supreme Court · 1885
- Noyes v. PhillipsNew York Court of Appeals · 1875
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