Sherman & Sons Co. v. Princess Shirt Waist Manufacturing Co.

McAvoy, J.:

The learned court at Trial Term granted a motion directing the entry of judgment in favor of plaintiff for the sum of $800 pursuant to an alleged settlement of the action while the case was pending on the day calendar, which settlement was made by the attorney for the defendant without authorization on the part of its client; The client thereafter repudiated the settlement and refused to carry out its terms and the resulting order was made directing judgment to be entered according to the terms of the settlement on the theory that the stipulation for judgment was made in open court…