Legal Opinion

Shanley v. Koehler

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by the plaintiff, John Shanley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of November, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.

1Opinion of the Court

Ingraham, J.:

On the 15th day of May, 1896, the defendant recovered a judgment against the plaintiff for $226.29. That judgment was duly docketed in Kings county, and execution was issued to the sheriff of Queens county, which execution was duly returned by such sheriff wholly unsatisfied. In July 1896, the plaintiff having applied to the defendant to settle this judgment, the defendant asked the plaintiff if he had $50 to give then, to which the plaintiff replied that he had not, but that “ in about two months I will give you $50.” The defendant then referred the plaintiff to a Mr. Lax, by…

2Cases cited6 opinions

  1. Jaffray v. . DavisNew York Court of Appeals · 1891
  2. Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
  3. Luddington v. . BellNew York Court of Appeals · 1879
  4. Allison v. . AbendrothNew York Court of Appeals · 1888
  5. Bliss v. . ShwartsNew York Court of Appeals · 1875

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3Cited by2 opinions

  1. Kaye v. ZevinCity of New York Municipal Court · 1928
  2. Post v. ThomasAppellate Division of the Supreme Court of the State of New York · 1912

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