Wheeler v. Raymond
New York Supreme Court
On demurrer to the rejoinder. The declaration was in debt on a judgment of this court in January term, 1820, for $103 930. Plea, that on the 18th of September, 1820, the plaintiff by an instrument in writing, sealed, and set forth by the plea, in hcec-verba, acknowledged to have been fully satisfied for all claims or demands he had against the defendant, by virtue of the judgment, and consented on his, (the plaintiff’s) part, that the sheriff should discharge the defendant…
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On demurrer to the rejoinder. The declaration was in debt on a judgment of this court in January term, 1820, for $103 930. Plea, that on the 18th of September, 1820, the plaintiff by an instrument in writing, sealed, and set forth by the plea, in hcec-verba, acknowledged to have been fully satisfied for all claims or demands he had against the defendant, by virtue of the judgment, and consented on his, (the plaintiff’s) part, that the sheriff should discharge the defendant from imprisonment. Replication, as to parcel of the judgment, viz. as to $189 84, and $353 50—$543 34; that after the…
1Opinion of the Court
Curia, per Woodworth, J.
The questions presented 'iy the demurrer are,
1. Whether, in a court of law, a set off can be allowed against a cestui que trust, in an action commenced by the trustee; and,
2. If it can, whether the form of pleading is not confined to the general issue, with notice.
The general doctrine, that the rights of an assignee of a chose in action, will be protected; and that the court will look to the parties in interest, is well established. This however, must be understood as applicable to cases where the principle may be enforced, without departing from the forms of…
2Cases cited4 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Tuttle v. BebeeNew York Supreme Court · 1811
- Alsop v. CainesNew York Supreme Court · 1813
- Caines v. BrisbanCourt for the Trial of Impeachments and Correction of Errors · 1815
3Cited by6 opinions
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Sandberg v. StateWisconsin Supreme Court · 1902
- Crayton v. ClarkSupreme Court of Alabama · 1847
- Van Wagoner v. Paterson Gas Light Co.Supreme Court of New Jersey · 1852
- Leavitt v. PeabodySupreme Court of New Hampshire · 1882
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