Jaeger v. Koenig
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the General Term of the City Court of the city of New York, granting a motion made by the defendant for a set-off of judgments. See opinion of the General Term of the City Court, 32 Mise. Eep. 244.
1Opinion of the CourtO'Gorman, J.
The right to set off on the part of the defendant did not accrue until the dismissal of the complaint in the Supreme Court action. Roberts v. Carter, 38 N. Y. 110; Zogbaum v. Parker, 66 Barb. 344. Three days before, however, the plaintiff’s judgment in the City Court case had been assigned to her attorney; but it is contended that this assignment was taken by the attorney, subject to the existing equities, and that, therefore, the assignment should not be permitted to impair the defendant’s right to set-off. The rule, however, goes no further than that the assignee of a judgment takes it,…
2Cases cited5 opinions
- Perry v. . ChesterNew York Court of Appeals · 1873
- Littlefield v. . Albany County BankNew York Court of Appeals · 1885
- Zogbaum v. ParkerNew York Supreme Court · 1873
- Husted v. ThomsonNew York Supreme Court · 1899
- Feeley v. WursterNew York Supreme Court · 1898
3Cited by2 opinions
- Jaeger v. KoenigAppellate Division of the Supreme Court of the State of New York · 1902
- Jaeger v. KoenigAppellate Division of the Supreme Court of the State of New York · 1902