Wright v. Chapin
New York Supreme Court
Appeal by the defendant, Robert W. Chapin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of January, 1895, upon tlie decision of the court rendered after a trial at the New York Special Term. The substance of the complaint is given in Y4 Hun, 521, upon the former appeal to the General Term from an order sustaining a demurrer to the complaint.
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Appeal by the defendant, Robert W. Chapin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of January, 1895, upon tlie decision of the court rendered after a trial at the New York Special Term. The substance of the complaint is given in Y4 Hun, 521, upon the former appeal to the General Term from an order sustaining a demurrer to the complaint. The complaint alleged that the plaintiff purchased certain lands in Canada of one George Goodwin at a price of $60,000, and that he gave to Goodwin a mortgage…
1Opinion of the Court
Per Curiam :
The defendant seems to be greatly distressed by the fear that in case he pays this judgment the plaintiff may decamp with the money and the defendant be left to pay the Canadian judgment of a like amount. Should the defendant pay the Canadian judgment, and so relieve the plaintiff in this action from his liability on his covenant to George Goodwin, there might be a way found of reducing the present judgment by the amount paid on the Canadian judgment, without making double payment.
The judgment should be affirmed, with costs, on the opinion of this court, reported in 74 Hun, 521,…
2Cases cited3 opinions
- Port v. JacksonNew York Supreme Court · 1819
- Slauson v. . WatkinsNew York Court of Appeals · 1881
- Maicas v. LeonyCity of New York Municipal Court · 1889