Alden v. Clark
New York Supreme Court
Hand, Cady, Allen and James, Justices. Appeal from an order of the Washington county special term, on a motion for lehve to issue execution against the estate of a deceased judgment debtor. The plaintiff, Alden, in 1847, obtained a judgment in the supreme court against all the above-named defendants, upon a note made by Clark, and signed by the others as sureties for his benefit.
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Hand, Cady, Allen and James, Justices. Appeal from an order of the Washington county special term, on a motion for lehve to issue execution against the estate of a deceased judgment debtor. The plaintiff, Alden, in 1847, obtained a judgment in the supreme court against all the above-named defendants, upon a note made by Clark, and signed by the others as sureties for his benefit. (After judgment and execution, Tifft and Bradley paid plaintiff the amount of the judgment, and took an assignment to Bradley.) After the judgment, and about seven years since, Clark died, leaving real estate.…
1Opinion of the Court
James, Justice.
By the court
In the consideration of this motion several important questions arise.
The first is, whether the judgment upon which this motion is founded was not satisfied and extinguished by payment of its amount to the plaintiff, and his assignment and transfer thereof to one of the defendants.
Formerly, the payment of a judgment to the plaintiff, by one of several co-defendants, operated, at law, to satisfy and extinguish such judgment; and an assignment of the same to one of several co-defendants produced the same result. In equity, *211however, the rule was different, and that…
2Cases cited2 opinions
- Corey v. WhiteNew York Supreme Court · 1848
- Goodyear v. WatsonNew York Supreme Court · 1851
3Cited by9 opinions
- Townsend v. . WhitneyNew York Court of Appeals · 1878
- Foster v. WoodNew York Court of Common Pleas · 1866
- Kapp v. Seventh Judicial District Court of the State of Nevada ex rel. County of EsmeraldaNevada Supreme Court · 1910
- In re the Judicial Settlement of the Account of BrowneNew York Surrogate's Court · 1901
- Beard v. SinnottThe Superior Court of New York City · 1875
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