Ainslie v. Boynton
New York Supreme Court
In Equity. This was an appeal by the defendants, from a decree of the late assistant vice chancellor of the first circuit.
Read the full summary
In Equity. This was an appeal by the defendants, from a decree of the late assistant vice chancellor of the first circuit. The bill was filed for the purpose of compelling the set-off of a certain judgment for $221,42, recovered in the court of common pleas of the city and county of New-Yorlt, by the defendant Ray Boynton, against the plaintiff, on the 21st of March, 1842, against a judgment recovered in the same court by the plaintiff, against the said Ray Boynton, on the 1st of March, 1842, for $431,58. The bill charged that on the 28th of February, 1839, the plaintiff being seised of…
1Opinion of the Court
By the Court, McCoun, J.
Whether Ainslie is entitled to have a set-off of the judgments, so that the one recovered against him shall be extinguished by compensating so much of the judgment in his favor against Ray Boynton, depends Upon the validity or invalidity of the assignment of the Boynton *262judgment. If that assignment is shown to be invalid for any cause, then the right of set-off of the judgments as judgments is perfect, and was so from the moment Ainslie recovered" his against Ray Boynton, without regard to extraneous circumstances, such as insolvency or the like. But if the assignment…
2Cases cited2 opinions
- Gay v. GayNew York Court of Chancery · 1843
- Osborn v. EtheridgeNew York Supreme Court · 1835
3Cited by7 opinions
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
- Ives v. MillerNew York Supreme Court · 1855
- Kinney v. TaborMichigan Supreme Court · 1886
- Purchase v. BellowsThe Superior Court of New York City · 1863
- Ives v. MillerNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.