Westerlo v. Evertson
New York Supreme Court
Error from the Albany mayor’s court. Evertson sued Westerlo.in the Albany mayor’s court, and declared in assumpsit on the common mtiney counts; the defendant plea-the general issue, and gave notice of set off". On the trial of the cause, the plaintiff proved that he bad paid the amount of a judgment obtained against him and the defen^ant ™ favov °f tbe people of the state, amounting to $290, 47 • the half of which sum he claimed to recover.
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Error from the Albany mayor’s court. Evertson sued Westerlo.in the Albany mayor’s court, and declared in assumpsit on the common mtiney counts; the defendant plea-the general issue, and gave notice of set off". On the trial of the cause, the plaintiff proved that he bad paid the amount of a judgment obtained against him and the defen^ant ™ favov °f tbe people of the state, amounting to $290, 47 • the half of which sum he claimed to recover. It appeared that the judgment was for clerk’s fees in this court, chargeable to the defendants jointly as practising attornies, The defendant’s counsel…
1Opinion of the Court
By the Court,
Savage, Ch. j.
Evertson sued Westerlo in the mayor’s court, in the city of Albany, to recover half the amount of a judgment obtained against the plaintiff and defendant, as attornies, for clerk’s fees, charged to them jointly as practising attornies.
It was contended that no action at law would lie, as the matter in controversy was a partnership concern. The recorder held, that the action will lay by one co-defendant *534against the other, to compel him to contribute, and that this was not a partnership transaction. If the recorder was right, then, in case two judgments are recovered…
2Cited by17 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Belanger v. DanaNew York Supreme Court · 1889
- Rathbone v. StockingNew York Supreme Court · 1848
- Francisco v. FitchNew York Supreme Court · 1857
- Ives v. MillerNew York Supreme Court · 1855
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