Legal Opinion

Savage v. Sully

Appellate Terms of the Supreme Court of New York

Decided November 15, 1911Published

Appeal by the defendant from a judgment of the City Court of the city of Eew York, entered in favor of the plaintiff by direction of the court.

1Opinion of the CourtGuy, J.

Action to recover three instalments of $200 each under a.contract by which, at the special instance and request of the defendant, the plaintiff discharged the defendant’s husband from the sheriff’s custody under a body execution for $17,380.16, and extended his time to pay the ■judgment, upon the payment of $500 down and $200 on the sixteenth of each month thereafter, until the entire amount of the judgment with interest was paid, upóla which extension agreement the defendant’s husband had paid $2,700.

*99The defense relied on at the trial was based upon allega-, tions of new matter that the…

2Cases cited4 opinions

  1. Farmer v. WalterNew York Court of Chancery · 1835
  2. Serring v. StrykerNew York County Court, Steuben County · 1894
  3. Bianchi v. LeonAppellate Division of the Supreme Court of the State of New York · 1910
  4. Eder v. GildersleeveNew York Supreme Court · 1895

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