Legal Opinion

Ewen v. Terry

New York Supreme Court

Decided February 15, 1828PublishedCited by 4 opinions

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

  1. Neenan v. Woodside Astoria Transportation Co.New York Court of Appeals · 1933
  2. Temple & Beaupre v. ScottSupreme Court of Minnesota · 1859
  3. Winterson v. HitchingsNew York Court of Common Pleas · 1895
  4. Winterson v. HitchingsNew York Court of Common Pleas · 1896