Mackey v. Mackey
New York Supreme Court
THE plaintiff in the first of the above causes recovered a judgment for costs against William Mackey, who was plaintiff in the other suit.
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THE plaintiff in the first of the above causes recovered a judgment for costs against William Mackey, who was plaintiff in the other suit. She sold and assigned her judgment for costs to'the defendants in the second suit, on the first of March, i860. The plaintiff in the second suit recovered a verdict in that suit for fifty dollars damages, on the fourteenth day of November, 1860, for false imprisonment; and on that day he executed and delivered a formal assignment to his attorney of the verdict recovered, together with the judgment to he entered upon it.
1Opinion of the Court
By the Court,
Daniels, J.
The assignment, the validity of which is in controversy upon this motion, was made and delivered by the party to his attorney immediately after the recovery of the verdict. It was made to pay, or apply upon, a debt owing to the attorney for his services and disburse-. ments, which in law constituted a valid consideration. (Van Pelt v. Boyer, 8 How. 319. Ward v. Syme, 9 id. 16 Roberts v. Carter, 17 id. 341.) And, in terms, it transferred the verdict and the judgment to he entered upon it.
If this assignment was valid, the motion to set off the judgments can not prevail;…
2Cases cited3 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Myers v. . DavisNew York Court of Appeals · 1860
- Bradley v. RootNew York Court of Chancery · 1836
3Cited by8 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Perry v. . ChesterNew York Court of Appeals · 1873
- Kretsch v. DenofrioAppellate Division of the Supreme Court of the State of New York · 1910
- Zogbaum v. ParkerNew York Supreme Court · 1873
- In re DodgeDistrict Court, N.D. New York · 1935
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