35 A.D. 503
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1898
Appellate Division of the Supreme Court of the State of New York · decided 1898-07-01
Appeal by the defendant, Francis D. Carley, from a judgment of the Supreme Court in favor of the plaintiff, bearing date the 24th day of June, 1898, and entered in the office of the clerk of the county of Hew York upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 14th day of July, 1898, denying the defendant’s motion to set aside the direction of the court pursuant to which the verdict was rendered.
Decided 1898-07-01
¶1I concur on the first ground stated in the opinion. If the contract was valid and the parties entered upon its performance by the remittance of $3,000, a subsequent withdrawal of that sum by plaintiff might furnish ground for a defense if the withdrawal was injurious to the defendant, but surely it would not avoid a contract then existing.
¶2Judgment and order reversed, new trial ordered, costs to appellant to abide event.