Osborn v. . Rogers
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 19, 1888, which reversed an order of Special Term denying a motion to set aside the judgment and execution herein, and which granted said motion. (Reported below, 49 Hun, 245.) The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 19, 1888, which reversed an order of Special Term denying a motion to set aside the judgment and execution herein, and which granted said motion. (Reported below, 49 Hun, 245.) The facts, so far as material, are stated in the opinion. The notes were not “ commercial paper ” while still in the plaintiffs’ hands, nor subject to rules sui generis incidental to commercial paper, and are to be read with the agreement and construed as a part of the contract between the parties. (1 Am. L. C. 383;…
1Opinion of the CourtDanforth, J.
Defehdant moved at Special Term that the judgment in this action and the execution for its enforcement be vacated. The motion was denied. Upon appeal the judges at General Term differed, but a majority favored reversal, and from the order of reversal the plaintiffs appeal to this court. The action was upon an account stated, for the sum of $8,678,87. The defendant failed to answer, and to stay further proceedings gave, and the plaintiff accepted, promissory notes payable at different times, in all amounting to the sum claimed, and a stipulation entitled in the action was executed between the…
2Cases cited5 opinions
- Youngs v. . LeeNew York Court of Appeals · 1855
- Continental National Bank v. . TownsendNew York Court of Appeals · 1881
- Bank of Syracuse v. . HollisterNew York Court of Appeals · 1858
- Smith v. AylesworthNew York Supreme Court · 1863
- Strang v. BarberNew York Supreme Court · 1800