PROUTY v. DRAKE


4 A.D.2d 864 (1957)

Lee F. Prouty, Appellant, v. Nathaniel Drake, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 22, 1957


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...

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