Miller v. Finkle
New York Supreme Court
This was an appeal from the county eourt of the county of Columbia. The action was brought originally in a justice’s court to recover upon a note for $50 and interest. The defendant in his answer claimed the right to set off against the plaintiff’s demand certain balances of account, which the plaintiff had formerly owed to Peter Finkle and Calvin Finkle, and which had been assigned to the defendant before suit brought.
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This was an appeal from the county eourt of the county of Columbia. The action was brought originally in a justice’s court to recover upon a note for $50 and interest. The defendant in his answer claimed the right to set off against the plaintiff’s demand certain balances of account, which the plaintiff had formerly owed to Peter Finkle and Calvin Finkle, and which had been assigned to the defendant before suit brought. The plaintiff recovered before the justice and the defendant appealed to the Columbia county court where the cause was referred to Darius Peck, Esq., as referee, who reported…
1Opinion of the Court
By the Court,
Parker, J. —
It was provided by the statute of 1836 (Laws of 1836, page 230, §6), that in cases where convicts shall be sentenced to be imprisoned in the state prison for a longer period than two years, “ the court before whom the conviction shall be had shall so limit the time of sentence, that it will expire between the month of March and the month of November, unless the exact period of the sentence may be fixed by law.” The sentence pronounced against Calvin and Peter Finkle was not in accordance with this requirement. It *376was a sentence for two years and six months, and under…
2Cases cited1 opinion
- Wood v. GenetNew York Court of Chancery · 1840
3Cited by5 opinions
- Cropsey v. TiernanAppellate Division of the Supreme Court of the State of New York · 1916
- Ex parte FridayDistrict Court, N.D. New York · 1890
- People v. SullivanNew York Court of General Session of the Peace · 1907
- Cropsey v. TiernanAppellate Division of the Supreme Court of the State of New York · 1916
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860