Osborn v. Rogers
New York Supreme Court
Appeal from special term, Rew York county; C. Donohue, Justice. Action by Francis Pares Osburn, Charles Spencer Osburn, William Osburn, and Robert Arthur Osburn against William C. Rogers, upon an account stated. Judgment being entered by default against defendant, he moved to set the same aside, which motion was denied, and defendant appealed.
1Opinion of the CourtBartlett, J.
This was an action upon an account stated, in which the plaintiffs sought to recover of the defendant $8,678.87. The defendant made default in pleading, and on May 24, 1887, the plaintiffs appear to have been entitled to enter judgment by default. On that day the attorneys for the respective parties entered into a written stipulation, which is the most important feature of the case on the present appeal. It recites the proceedings in the action, and states that the defendant has executed and delivered to the plaintiffs 17 promissory notes, payable at different dates, about a month apart, and…
2Cases cited3 opinions
- Osborn v. MoncureNew York Supreme Court · 1829
- Continental National Bank v. . TownsendNew York Court of Appeals · 1881
- Etheridge v. LaddNew York Supreme Court · 1885
3Cited by3 opinions
- Metropolitan Insurance v. Carroll, AdministratorCourt of Appeals of Kentucky (pre-1976) · 1925
- Commonwealth Life Insurance v. Louisville Railway Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Osborn v. RogersThe Superior Court of the City of New York and Buffalo · 1890