Equitable Trust Co. v. MacLaire
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment in favor of defendant, entered in the Municipal Court of the city óf ¡New York, borough of Manhattan, first district, dismissing the complaint at the close of plaintiff’s case, after a trial by a judge with a jury, plaintiff bringing up for review an order entered April 15, 1912, on defendant’s motion vacating a “ stipulation ” of settlement alleged to have been made between the parties and dated March 12, 1912.
1Opinion of the CourtLehmatt, J.
The parties hereto, acting through their attorneys, entered into a formal contract denominated a “ stipulation ” to settle the controversy. The defendant moved to vacate and set aside this stipulation, upon the grounds “ that said stipulation was signed thoughtlessly, improvidently, imprudently, without knowledge of the true facts of the plaintiff’s claim, under a wrong impression given by plaintiff’s attorneys in the summons and demand for judgment and misleading statements made by plaintiff’s attorneys.” The motion was granted, and an order was entered, vacating the stipulation, and giving…
2Cases cited1 opinion
- Connecticut Trust & Safe Deposit Co. v. WeadAppellate Division of the Supreme Court of the State of New York · 1901
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- In re the Arbitration between Skinner, Cook & Babcock, Inc. & Fourth Church of Christ, Scientist, Borough of ManhattanAppellate Division of the Supreme Court of the State of New York · 1933
- Snead & Co. v. Brager Bros.City of New York Municipal Court · 1930
- Wilder v. BeachCity of New York Municipal Court · 1930
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