Legal Opinion

Ferguson v. Bien

New York City Court

Decided January 15, 1907Published

Action by Julius M. Ferguson against Franklin Bien and others. On motion to correct and revise a judgment.

1Opinion of the CourtWadhams, J.

Motion is made to “correct and revise” the judgment of $968.18 by giving defendants credit for $214.36, the amount of certain payments alleged to have been made after action was begun and before judgment was entered, or “that plaintiff be compelled to accept from defendants the sum of $934.18 in full payment,” and execute satisfaction pieces of judgment, or, if plaintiff declines to accept, that defendants be permitted to pay the money to the clerk of the court. The defendants did not plead the payments as a partial defense, and it appears from the minutes at the last trial that plaintiff…

2Cases cited3 opinions

  1. Meldon v. DevlinAppellate Division of the Supreme Court of the State of New York · 1899
  2. Ward v. SireAppellate Division of the Supreme Court of the State of New York · 1900
  3. Swan v. Mutual Reserve Fund Life Ass'nNew York Supreme Court · 1898

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