Pinder v. Morris
New York Supreme Court
WILLIAMS moved to set aside the judgment and execu- ,■ • .. aon m this suit, or to enter up satisfaction on the judgment obtained therein on a sealed note, upon production of a writ- ,. , c , ten discharge from the plaintiff, containing a complete release of all demands, costs, íkc.'and a receipt for the balance * 1 due, which the defendant swore he paid in full consideration of the note, and without knowing that any third person had an interest therein.
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WILLIAMS moved to set aside the judgment and execu- ,■ • .. aon m this suit, or to enter up satisfaction on the judgment obtained therein on a sealed note, upon production of a writ- ,. , c , ten discharge from the plaintiff, containing a complete release of all demands, costs, íkc.'and a receipt for the balance * 1 due, which the defendant swore he paid in full consideration of the note, and without knowing that any third person had an interest therein. Tiffany objected to the application, because the attorney had a lien on the debt for his costs, and might, by this species of settlement, be…
1Per curiam
From the case of Welsh v. Hole, Doug. 238. sanctioned by Mikhell v. Oldfield, 4 D. & E. 123, and Read v. Dupper, 6 D. & E. 361, if the defendant pay to the plaintiff debt and costs, after notice from the attorney of the plaintiff not to do so, he .pays the costs in his owe. wrong, and Lord Mansfield said, the court could not go further. If the adverse party applied to the court to cancel the judgment by a set-off, then the court would take care that the attorney’s bill should be paid. In the case of Spencer v. White, April term, 1799, the court qualified the right of the plaintiff’s attorney,…
2Cited by13 opinions
- Stewart v. FlowersMississippi Supreme Court · 1870
- Wilkins v. BattermanNew York Supreme Court · 1848
- Ex parte PlittU.S. Circuit Court for the District of Eastern Pennsylvania · 1853
- People v. HardenberghNew York Supreme Court · 1811
- Ward v. WordsworthNew York Court of Common Pleas · 1852
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