Beers v. . Hendrickson
New York Court of Appeals
Appeal from the judgment of the General Term of the Superior Court of the city of Hew York, affirming the judgment of the circuit in favor of defendant. In June, 1858, the defendant recovered a judgment by default, in the Superior Court of the city of Hew York, against the plaintiff, for $1,754.78. One O’Brien was the attorney of record for Hendrickson.
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Appeal from the judgment of the General Term of the Superior Court of the city of Hew York, affirming the judgment of the circuit in favor of defendant. In June, 1858, the defendant recovered a judgment by default, in the Superior Court of the city of Hew York, against the plaintiff, for $1,754.78. One O’Brien was the attorney of record for Hendrickson. In July of tke same year, this judgment was assigned to Callaghan & Miller, who had been duly substituted as attorneys for Hendrickson. The assignment was absolute in form, and transferred the whole judgment, but, in fact, was a security for…
1Opinion of the CourtGrover, J.
It was irregular to include, in the judgment of affirmance given upon the appeal, the amount of the judgment of the court below, thus making it a judgment for the amount of that judgment and the costs of the appeal. (Eno v. Crooke, 6 How. Pr., 462; De Agreda v. Mantel, 1 Abb. Pr., 130; Halsey v. Flint, 15 id., 367.) But the plaintiff in the action having entered the judgment in that form, there can be no doubt but that payment of the amount thereof would operate not only as a satisfaction of such judgment, but of the judgment below included therein. It follows that, if the acknowledgment of…
2Cases cited5 opinions
- Lownds v. RemsenNew York Supreme Court · 1831
- Carrington v. . CrockerNew York Court of Appeals · 1867
- Lewis v. WoodruffNew York Supreme Court · 1858
- De Agreda v. MantelThe Superior Court of New York City · 1854
- Eno v. CrookeNew York Supreme Court · 1852
3Cited by18 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Gholson v. SavinOhio Supreme Court · 1941
- Bush v. . O'BrienNew York Court of Appeals · 1900
- Watt v. BrookoverWest Virginia Supreme Court · 1891
- Richardson Drug Co. v. DunaganColorado Court of Appeals · 1896
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