Walker v. Ames
New York Supreme Court
On certiorari to a Justice’s Court. The action was case in the Court below, by Ames against Walker; “For that the defendant did fraudulently obtain a judgment, or a certain part thereof, against the present plaintiff, to his damage' $25.” The defendant pleaded the former suit in bar, which was overruled by the Justice.
Read the full summary
On certiorari to a Justice’s Court. The action was case in the Court below, by Ames against Walker; “For that the defendant did fraudulently obtain a judgment, or a certain part thereof, against the present plaintiff, to his damage' $25.” The defendant pleaded the former suit in bar, which was overruled by the Justice. The fraud complained of was, that Walker, in the suit against Ames, recovered on a book account, and also on a note given by Ames to Walker, on settlement of the same account for the balance thereof. Verdict and judgment for the plaintiff.
1Opinion of the Court
Curia.
The judgment must he reversed; This was overhauling the first judgment, and attempting to recover back a portion of it, on thé ground that it was fiot due, and had been unconscientiously recovered. The allegation of fraud does h'ot alter the nature of the case. It is substantially an action to recover back money improperly awarded by a former judgment; and is precisely the case of Marriott v. Hampton, (7 T. R. 269.) In that case, the defendant had recovered against the plaintiff for goods sold. The plaintiff had paid him for these goods, and taken his receipt; but not being able to find…
2Cases cited1 opinion
- Cobb v. CurtissNew York Supreme Court · 1811
3Cited by5 opinions
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Doyle v. ReillySupreme Court of Iowa · 1864
- Schneider v. SchneiderNew York Supreme Court · 1953
- Finkelstone v. LanzkeNew York Supreme Court · 1909
- Wells v. EdmisonSupreme Court Of The Territory Of Dakota · 1885