Wood v. Merritt
New York Court of Common Pleas
Motion to set off judgment for costs awarded the defendant, Edward D. Merritt, against judgment recovered against the defendant, Sniffen Merritt.
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Motion to set off judgment for costs awarded the defendant, Edward D. Merritt, against judgment recovered against the defendant, Sniffen Merritt. This is a motion to offset a judgment in favor of the defendant, Sniffen Merritt, against the plaintiff for costs and disbursements on a dismissal of the complaint as against the defendant, Edward D. Merritt, and assigned by him before such dismissal to the defendant, Sniffen Merritt, against a judgment in favor of Charles E. Howard on a verdict and for costs in favor of plaintiff and against the defendant, Sniffen Merritt, and assigned by plaintiff…
1Opinion of the CourtRobinson, J.
The action was tried February 9th, 1870, and resulted in a verdict in favor of the plaintiff against Sniffen Merritt for $270, and a dismissal of the complaint, as against Edward D. Merritt, with costs.
Judgment was perfected on the verdict against Sniffen • Merritt, February 17th, 1871, in favor of Charles E. Howard, who, by assignment from plaintiff dated February 9th, 1871, had become assignee of the verdict, “ together with any costs accrued or to accrue, and any judgment to be entered therefor.”
Edward D. Merritt, in anticipation of judgment in his favor, on his defence to the debt in suit…
2Cases cited3 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Mackey v. MackeyNew York Supreme Court · 1864
- Ely v. CookNew York Court of Common Pleas · 1859
3Cited by1 opinion
- Williamson v. WilliamsonNew York Surrogate's Court · 1877