Welles v. Thornton
New York Supreme Court
fllHIS is an appeal, by the plaintiff, from a judgment enter--1 ed upon the findings of a referee. The complaint alleged that the defendant, who is an attorney at law, procured for the plaintiff a bounty land warrant for one hundred and sixty acres of land, and then converted it to his own use, or acted so negligently in the matter that the land warrant was lost to the plaintiff.
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fllHIS is an appeal, by the plaintiff, from a judgment enter--1 ed upon the findings of a referee. The complaint alleged that the defendant, who is an attorney at law, procured for the plaintiff a bounty land warrant for one hundred and sixty acres of land, and then converted it to his own use, or acted so negligently in the matter that the land warrant was lost to the plaintiff. The answer set up in avoidance of the complaint, that after the defendant had procured the land warrant, one Stephen S. Langmaid instituted a suit in the nature of' a creditor’s bill against the plaintiff, in which…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The .single question upon which this action turns, and presented for our consideration, is whether the judgment in the creditor’s suit of Langmaid against the plaintiff protects the defendant in delivering to the receiver appointed in such suit the land warrant held by him belonging to the plaintiff Welles. The judgment and proceedings in that suit having been set aside, the question is whether while it remained in force it was any protection for acts done upon its authority.
The plaintiff claims that it was a void judgment — of no force or validity whatever,…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Bates v. StantonThe Superior Court of New York City · 1852
- Sheldon v. . Van BuskirkNew York Court of Appeals · 1849
- Abbott v. YostNew York Supreme Court · 1846
3Cited by6 opinions
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Robinson v. Memphis & C. R.United States Circuit Court · 1883
- Seidenbach's v. A. E. Little Co.Supreme Court of Oklahoma · 1927
- Young v. StoneAppellate Division of the Supreme Court of the State of New York · 1898
- Barnard v. KobbeNew York Court of Common Pleas · 1869
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