Ely v. . Cooke
New York Court of Appeals
Appeal from a judgment of the New York Common Pleas. The action was brought to compel the defendant Cooke to set off and allow a judgment recovered by him against the plaintiff, upon a judgment which the plaintiff had previously recovered against Cooke, to a much larger amount.
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Appeal from a judgment of the New York Common Pleas. The action was brought to compel the defendant Cooke to set off and allow a judgment recovered by him against the plaintiff, upon a judgment which the plaintiff had previously recovered against Cooke, to a much larger amount. The facts found by the judge who tried the cause are: 1st. That on or about the 29th day of November, 1850, the defendant G-eorge Cooke confessed a judgment in favor of the plaintiff, Smith Ely, for the sum of $3550, and that there was due thereon to the plaintiff the sum of $1555, and interest from the 15th day of…
1Opinion of the CourtDavies, J.
If the plaintiff is not entitled to the set-off claimed, upon the facts found, it is of no importance, so far as the defendants Sherwood are concerned, to consider the other questions raised, namely, whether the plaintiff has or has not a valid judgment, against Cooke, and whether the discharge of Cooke under the insolvent laws was toid or not.
Assuming the judgment to be valid, "and the discharge void, the plaintiff clearly would be entitled to no. relief in this action against the defendants Sherwood, if the conclusion of law of the. judge is correct, viz. that the agreement made between…
2Cases cited1 opinion
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
3Cited by19 opinions
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Potter v. Ajax Mining Co.Utah Supreme Court · 1900
- Harrison v. . GibbonsNew York Court of Appeals · 1877
- Dankwardt v. KermodeSupreme Court of Colorado · 1920
- Clark v. SullivanNorth Dakota Supreme Court · 1893
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