Blair v. . Wait
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a verdict (mem. of decision below, 6 Hun, 477). This action was upon a judgment in favor of plaintiff against defendants rendered in 1861. The facts appear sufficiently in the opinion. The satisfaction piece executed by Emmet Blair was unauthorized and invalid. (3 R. S. [5th ed.], 640, § 22; Lewis v. Woodruff, 15 How.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a verdict (mem. of decision below, 6 Hun, 477). This action was upon a judgment in favor of plaintiff against defendants rendered in 1861. The facts appear sufficiently in the opinion. The satisfaction piece executed by Emmet Blair was unauthorized and invalid. (3 R. S. [5th ed.], 640, § 22; Lewis v. Woodruff, 15 How. Pr., 539; Beers v. Hendrickson, 6 Rob., 53, 73; Simonton v. Barrell, 21 Wend., 362.) Part payment of the judgment did not…
1Opinion of the CourtMiller, J.
The main question controverted upon the trial was whether the judgment upon which this, action was brought had been settled and discharged. The attorney of record for the plaintiff, Emmet Blair, assumed to be the owner of and to settle and execute a satisfaction piece of the judgment, seven years after the same was docketed. It is not very material whether Emmet Blair was such owner, provided the judgment was arranged and settled by the authority, or with the assent of the plaintiff, for in either contingency the plaintiff was not entitled to recover.
Upon the trial evidence was submitted to…
2Cases cited4 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
- Fellows v. StevensNew York Supreme Court · 1840
- Therasson v. PetersonNew York Court of Appeals · 1866
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