Mohawk Bank v. Burrows
New York Court of Chancery
PETITION of the plaintiffs, who are executors, stating, that by the decree of the 4th day of April last, it was ordered, that the bill, as to the defendant, Burrows, he dismissed, with costs.
Read the full summary
PETITION of the plaintiffs, who are executors, stating, that by the decree of the 4th day of April last, it was ordered, that the bill, as to the defendant, Burrows, he dismissed, with costs. That it appears, by the pleadings and proofs, that the defendant, B., is insolvent, and that on the 30th of May, 1817, David Van Mess, the testator, and the defendant, B., became joint purchasers of the cotton factory, mentioned in the pleadings, and, to secure the purchase money, they gave, jointly, a bond and mortgage on the premises, to the Mohawk Bank, for 9669 dollars 76 cents,, payable in eight…
1Opinion of the Court
The Chancellor.
The doctrine of the Court of Cornmon Pleas, and of the Court of Chancery, in England, and of the Supreme Court of this state, is, that the attorney’s or solicitor’s lien for costs does not prevent the parties from having their mutual demands arranged by set-off, as the equities between them shall require, without regard to the lien of the attorney or solicitor.
In Vaughan v. Davies, (2 H. Bl. 440.) A. obtained a verdict against B. for a small sum, and B. obtained a judg*319ment against A. for a large sum, and the Court permitted the verdict and costs recovered by A. to be deducted…
2Cases cited1 opinion
- Duncan v. LyonNew York Court of Chancery · 1818
3Cited by7 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
- Childers v. Deane & PagenCourt of Appeals of Virginia · 1826
- Hurst v. SheetsSupreme Court of Iowa · 1866
- Phillips v. MacKaySupreme Court of New Jersey · 1892
2 more not listed; retrieve them via the Exa API.