Sutherland v. Tyler
New York Supreme Court
Motion for readjustment of costs. The action was brought by the plaintiff as assignee of Jqel B. Nott, to recover the sum of one hundred dollars, alleged to have been paid upon an execution against Nott, in the hands of a deputy of the defendant. It was alleged in the complaint that, after such payment, the execution had been returned wholly unsatisfied; and that since such return, Nott, the defendant, had been compelled to pay the whole amount of the judgment.
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Motion for readjustment of costs. The action was brought by the plaintiff as assignee of Jqel B. Nott, to recover the sum of one hundred dollars, alleged to have been paid upon an execution against Nott, in the hands of a deputy of the defendant. It was alleged in the complaint that, after such payment, the execution had been returned wholly unsatisfied; and that since such return, Nott, the defendant, had been compelled to pay the whole amount of the judgment. The defendant, in his answer, denied the allegations in the complaint, relating to the payment of the money by Nott to his deputy,…
1Opinion of the Court
Harris, Justice.
The answer of the defendant in this case, though quite informal, contains three distinct defences. At the time the answer was put in, a demurrer to an answer was authorized, and the plaintiff accordingly demurred to the second defence. The case was thus put in readiness for a trial upon issues of fact formed by the first and third defences, and an issue of law formed by the demurrer. The issue of law alone was tried. The decision was in favor of the defendant. The condition annexed to the decision was not accepted by the plaintiff, and the defendant became entitled to judgment…
2Cited by2 opinions
- Cassavoy v. PattisonAppellate Division of the Supreme Court of the State of New York · 1905
- Murphy v. AllertonNew York Supreme Court · 1876