Prouty v. Drake

Appellate Division of the Supreme Court of New York

Prouty v. Drake

4 A.D.2d 864, 167 N.Y.S.2d 131, 1957 N.Y. App. Div. LEXIS 4236

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 22, 1957

StatusPublished

This text of 4 A.D.2d 864 (Prouty v. Drake) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prouty v. Drake, 4 A.D.2d 864, 167 N.Y.S.2d 131, 1957 N.Y. App. Div. LEXIS 4236 (N.Y. Ct. App. 1957).

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Opinion

Judgment unanimously reversed and a new trial ordered, with costs to abide the event. We will accept the trial court’s finding that the stipulation did not become part of the New Jersey decree and that the present action may not be maintained as a suit upon the New Jersey judgment. We are of the opinion, however, that the stipulation may be sued upon as an independent contract. The availability and application of the defense of the Statute of Limitations thus become an issue. If the plaintiff is entitled to a decree enforcing the stipulation in respect to the payment of the balance due on the debt of $10,000, it is not beyond the power of a court of equity to mold a decree consistent with the provisions for payment contained in the stipulation. A direction for the maintenance of an insurance policy would present no problem. Concur — Peck, P. J., Breitel, Botein, Valente and McNally, JJ.

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Judgment unanimously reversed and a new trial ordered, with costs to abide the event. We will accept the trial court’s finding that the stipulation did not become part of the New Jersey decree and that the present action may not be maintained as a suit upon the New Jersey judgment. We are of the opinion, however, that the stipulation may be sued upon as an independent contract. The availability and application of the defense of the Statute of Limitations thus become an issue. If the plaintiff is entitled to a decree enforcing the stipulation in respect to the payment of the balance due on the debt of $10,000, it is not beyond the power of a court of equity to mold a decree consistent with the provisions for payment contained in the stipulation. A direction for the maintenance of an insurance policy would present no problem. Concur — Peck, P. J., Breitel, Botein, Valente and McNally, JJ.

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Bluebook (online)

4 A.D.2d 864, 167 N.Y.S.2d 131, 1957 N.Y. App. Div. LEXIS 4236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prouty-v-drake-nyappdiv-1957.