Farnam v. McClure

New York Supreme Court

Farnam v. McClure

7 Wend. 483

DecidedFebruary 9, 1832

StatusPublished

This text of 7 Wend. 483 (Farnam v. McClure) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farnam v. McClure, 7 Wend. 483 (N.Y. Super. Ct. 1832).

Pincite

Opinion

In this case, the Chief Justice decided that after one stipulation to proceed to trial, a defendant is not bound to accept a second stipulation, although furnished with the excuse of the plaintiff. A defendant is not bound in such case at his peril to know that the excuse will be held sufficient, but may proceed and apply for judgment as in case of nonsuit, which will be granted, unless the plaintiff stipulates anew and pays costs.

Free access — add to your briefcase to read the full text and ask questions with AI

In this case, the Chief Justice decided that after one stipulation to proceed to trial, a defendant is not bound to accept a second stipulation, although furnished with the excuse of the plaintiff. A defendant is not bound in such case at his peril to know that the excuse will be held sufficient, but may proceed and apply for judgment as in case of nonsuit, which will be granted, unless the plaintiff stipulates anew and pays costs.

Cite This Page — Counsel Stack

Bluebook (online)

7 Wend. 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farnam-v-mcclure-nysupct-1832.