Carrigan v. Washburn
City of New York Municipal Court
On motion to vacate execution against the person. Action on a promissory note, brought by G-. Carrigan against H. L. Wash- . burn.
1Opinion of the CourtPitshke, J.
The parties undoubtedly can by consent defer the issuance of a body execution, without prejudice to any existing right to arrest; and the giving and,acceptance of notes to pay the judgment may, even without express agreement, amount to such an arrangement, although the same would not wipe out the judgment debt, without a satisfaction piece or release. Insurance Co. v. Church, 81 N. Y. 221. And the non-payment of either of such *617notes, and the judgment debtor’s procrastination and unfulfilled promises, might, though the body execution issued more than three months after the entry of judgment,…
2Cases cited6 opinions
- Holmes v. D'CampNew York Supreme Court · 1806
- Burdick v. GreenNew York Supreme Court · 1818
- Robertson v. RobertsonNew York Court of Common Pleas · 1880
- Smith v. JansenNew York Supreme Court · 1811
- Benedict v. National Bank of the CommonwealthNew York Court of Common Pleas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Liederman v. RovnerAppellate Division of the Supreme Court of the State of New York · 1903