Reports of Cases Argued and Determined in the Superior Court of the City of New York [1828-1829] Volume 2

Reports of Cases Argued and Determined in the Superior Court of the City of New York [1828-1829] Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1833 edition. Excerpt: ...with the conditions of the sale; or to treat the sale as an absolute one, without credit, and to bring their action for the price. In the cases cited by the defendant's counsel, the sale and delivery of the goods were absolute, but to be paid for in a peculiar manner, at a subsequent period. In this case, the sale and delivery were strictly conditional. If the defendants refused to perform the condition, and still kept the goods, they were bound to pay for them immediately. Motion to set aside the non-suit, and for a new trial denied. B. Clarke, M'y for the pffi. J. Wallis, M'y for the deft.) Oct. Term, 1829 Thomas J. Barrow versus Paul A. Sabbaton. Barrow, v. Sabbaton. Double pleas must be signed by counsel, --and if a default be entered against a de.WJ fendant, who has served double pleas, without the signature of counsel, the court will not set it aside, except upon an affidavit of merits. Mr. Mulock, in behalf of the defendant, moved to set aside a default entered against him in this cause. He read an affidavit, showing that the default had been entered after the defendant's pleas had been received by the plaintiff's attorney. It appeared that the pleas served were double, a special plea being added to the general issue; but they were not signed by counsel. The attorney for the plaintiff had, therefore, treated them as a nullity, and entered a default for want of a plea. Mr. D. B, Talmadge, for the plaintiff, offered to waive the default, if the defendant would file an affidavit of merits; but this was declined by the defendant. Mr. Talmadge then contended that the pleas should have been signed by counsel to be regular, and that the court would not set aside the default, except upon proper tenns. He cited Dubois v. Philips, 5 J. R. 236....
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Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236519140
  • 9781236519146