Ewen v. Terry
New York Supreme Court
The plaintiff had recovered a judgment in this court against the defendant; and the latter had recovered two judgments against the former before a justice of the peace. A motion was now made, in behalf of- the defendant, to off and deduct his judgments from the one obtained against him in this court; and that, on paying the balance, ° . ’ 1 e j a ' execution should be perpetually stayed.
1Opinion of the Court
Curia.
We have never gone farther in practice, than setting off judgments of other courts of record against our own; but the same principle will apply to judgments in a justice’s court. They are equally conclusive upon the defendant with the judgment of a court of common pleas, which is now a very usual subject of set-off.
Motion granted.
2Cited by4 opinions
- Neenan v. Woodside Astoria Transportation Co.New York Court of Appeals · 1933
- Temple & Beaupre v. ScottSupreme Court of Minnesota · 1859
- Winterson v. HitchingsNew York Court of Common Pleas · 1895
- Winterson v. HitchingsNew York Court of Common Pleas · 1896