Universal C. I. T. Credit Corp. v. Owens

Appeal from a judgment rendered at Trial Term, County Court, Albany County. The order of the County Court appealed from recited that on the motion to vacate a default judgment the parties had “ agreed upon the facts in said action ” and had “ agreed to submit the proposition of law to the Court upon said facts” and “in effect” had agreed that if “defendant’s position herein be tenable ” the default judgment for plaintiff should be Vacated and judgment entered for defendant. Part of the basis for decision of the County Court granting judgment for defendant was that an agreement made between…