Geortner v. Trustees of the Village of Canajoharie
New York Supreme Court
This was an application on the part of Christian Anthony for a rule to set aside the satisfaction, given by Geortner, one of the plaintiffs, of the judgment obtained in this cause. The action was brought on a draft given by the defendants upon their treasurer, in favor of Geortner &, Anthony, the plaintiffs; for $120,95, dated 30th March, 1846; pot negotiable.
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This was an application on the part of Christian Anthony for a rule to set aside the satisfaction, given by Geortner, one of the plaintiffs, of the judgment obtained in this cause. The action was brought on a draft given by the defendants upon their treasurer, in favor of Geortner &, Anthony, the plaintiffs; for $120,95, dated 30th March, 1846; pot negotiable. The plaintiffs, Geortner & Anthony, were partners, and stopped business in August, 1844. This draft was given for a partnership debt, due them at the time of the dissolution of the partnership. J. C. Anthony, on or before the 1st…
1Opinion of the CourtPaige, J.
From the affidavit of Mr. Harris, the president of' the defendants, I am bound to infer that the amount of the judgment, exclusive of the costs, was paid in good faith to Geortner, and that the satisfaction piece was also executed in good faith. Mr. Harris swears that through the board of trustees of the village, he raised the means to pay the judgment, and did pay the same to Geortner. And there is no evidence in the case which shows that either Geortner was insolvent, or that the judgment was paid to him, in fraud of his late partner, J. C. Anthony, or of the partnership creditors of…
2Cases cited2 opinions
- Sanford v. MicklesNew York Supreme Court · 1809
- Buchanan v. CurryNew York Supreme Court · 1821
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- Bennett v. BuchanNew York Supreme Court · 1868
- Macdonald v. Trojan Button-Fastener Co.New York Supreme Court · 1890
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