Porter v. Cregan
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Municipal Court of the city of New York, borough of Manhattan, second district, opening a judgment entered by consent.
1Opinion of the CourtLeventritt, J.
The plaintiff, pleading in contract, recovered a judgment against the defendant on the latter’s oral consent expressed in open court on the return day of the summons. The judgment was signed by the court and duly entered. Thereafter the plaintiff, claiming to have adopted the wrong cause of action and desiring to plead in tort, obtained an order to show cause based upon an affidavit, seeking to have the judgment in his favor vacated and set aside and the cause restored to the calendar for trial. The defendant opposed, but the justice granted the motion. Erom the order thereon entered this…
2Cases cited4 opinions
- Jones v. ReidNew York Supreme Court · 1799
- Schwartz v. WechlerNew York Court of Common Pleas · 1892
- Carpenter v. WillettNew York Court of Appeals · 1864
- Edel v. McConeNew York Court of Common Pleas · 1890
3Cited by2 opinions
- Whitman & Barnes Mfg. Co. v. HamiltonAppellate Terms of the Supreme Court of New York · 1899
- Heller v. HerbstAppellate Terms of the Supreme Court of New York · 1899