Bradway v. Le Worthy
New York Supreme Court
GOLD, in behalf of the plaintiff moved for leave to enter a dig-continuance in this cause. He read an affidavit of the plaintiff, stating, that he had no interest whatever in the cause ; that at the request of J. Gilbert, and E. Griffin, he lent his name to bring the present action, which was against the defendant, under the 3d section of the act for preventing usury, for taking usury of one O. Dodge, and they engaged to indemnify the plaintiff from all costs, The plaintiff…
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GOLD, in behalf of the plaintiff moved for leave to enter a dig-continuance in this cause. He read an affidavit of the plaintiff, stating, that he had no interest whatever in the cause ; that at the request of J. Gilbert, and E. Griffin, he lent his name to bring the present action, which was against the defendant, under the 3d section of the act for preventing usury, for taking usury of one O. Dodge, and they engaged to indemnify the plaintiff from all costs, The plaintiff had also executed a release of the suit. The defendant’s affidavit, also, stated that the cause had been settled and •a»…
1Per curiam
By the statute to redress disorders by common informers, &c. (sess. 11. c. 9. s. 8.) it is declared, that no informer, or plaintiff, in any action popular, shall compound, or agree with the offender, without the order or consent of the court, in which the suit shall be depending. This is a transcript of the English statute of 18 Elis. c. 5. s. 3. the construction of which, in the English courts, has been, that it is in the discretion of the court, to give leave to compound upon such terms as they shall think proper, under the circumstances of the case. (1 Wils. 79. 5 Term Rep. 258.) And it…
2Cited by3 opinions
- Burley v. BurleySuperior Court of New Hampshire · 1833
- Haskins v. NewcombNew York Supreme Court · 1807
- Levy v. GowdyMassachusetts Supreme Judicial Court · 1861