Leland v. Smith
New York Court of Common Pleas
A motion to vacate judgments rendered in the Marine Court, &c., &c. Five of these actions were for goods sold and delivered, and the sixth was upon a promissory note. The complaints in the first five actions alleged the delivery of certain goods to the defendants, for which the latter promised to pay.
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A motion to vacate judgments rendered in the Marine Court, &c., &c. Five of these actions were for goods sold and delivered, and the sixth was upon a promissory note. The complaints in the first five actions alleged the delivery of certain goods to the defendants, for which the latter promised to pay. “ That the defendants at the time of procuring such goods were insolvent, and procured said goods with the intent not to pay for the' same, and to cheat and defraud the plaintiffs thereof, and have, wrongfully and fraudulently converted said goods to their own use,” and demands judgment for the…
1Opinion of the Court
By the Court.*
Joseph F. Daly, J.
This appeal is taken from an order of the special term of this court, vacating and setting aside the executions in the six actions. The executions were issued out of this court, after transcripts filed in the county clerk’s office of judgments obtained in the Marine Court. It appears from the appeal papers that the actions in the Marine Court were, after issue joined, referred on motion of plaintiffs, by a judge of the Marine Court, to a referee to hear and determine all the issues ; such reference to proceed on one day’s notice, without the consent of, and…
2Cases cited2 opinions
- Pitt v. . DavisonNew York Court of Appeals · 1867
- Harper v. HallNew York Court of Common Pleas · 1865
3Cited by3 opinions
- Roberts v. SchafAppellate Division of the Supreme Court of the State of New York · 1902
- Manufacturers' & Builders' Bank v. KierstedNew York Court of Common Pleas · 1875
- Roberts v. SchafAppellate Division of the Supreme Court of the State of New York · 1902