Harris v. Spinali Auto Sales, Inc.

The determinative issue on this appeal is whether the judgment herein is authorized by a purported stipulation upon which it is based.

The plaintiff, appellant herein, brought this action to recover $25,000 allegedly advanced to the defendant, a corporation, one of the respondents herein; in the first count thereof alleged a cause of action for money had and received in that amount; and in three other counts stated causes of action upon promissory notes respectively in the sums of $10,000, $5,000, and $10,000. The defendant corporation, answered, denying the substance of these causes of action…