Watson v. Fuller
New York Supreme Court
RUGOLES, for the defendant, moved to set aside the execution, issued in this cause. He read the affidavit of the defendant, which stated that in August, 1807, the plaintiff recovered.a judgment, in an action oí assumpsit, against the defendant, in this court, for 106 dollars and - . . 97 cents ; that in the year 1808, the plaintiff, by order of the defendant, delivered to W. I. a quantity of logs, of the value of 31 dollars ; and on the 37th , of April, 1809, the plaintiff…
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RUGOLES, for the defendant, moved to set aside the execution, issued in this cause. He read the affidavit of the defendant, which stated that in August, 1807, the plaintiff recovered.a judgment, in an action oí assumpsit, against the defendant, in this court, for 106 dollars and - . . 97 cents ; that in the year 1808, the plaintiff, by order of the defendant, delivered to W. I. a quantity of logs, of the value of 31 dollars ; and on the 37th , of April, 1809, the plaintiff drew an order on the defendant, requesting him to pay to L. P. the balance due to the plaintiff, on which order the…
1Opinion of the Court
Kent, Ch. J.
This is a motion to set aside the execut tion, on the ground of its being satisfied. There is no doubt but that the nominal amount of the judgment arid execution has been paid. The plaintiff contends for the right to collect interest, under the Ji. fa. accruing since the completion of the judgment. But this can only be done, when the debt carries interest, and is covered by a penalty, and the judgment is rendered for the penalty. It is an abuse of the process of the court, to make use of the execution to enforce the payment of interest accruing subsequent to the judgment. . This…
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