Williams v. Irving
New York Supreme Court
Motion by the defendant to be relieved from a judgment of $14,449.11, entered in favor of plaintiff July 19, 1862. Upon the 29th of January, 1873, justice Burkett granted an order for the defendant to appear and be examined. The defendant in his • affidavit alleges that he and the plaintiff in June, 1870, at the Astor House, had an interview, in which the plaintiff asserted he had recovered a judgment for $14,000 against the defendant.
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Motion by the defendant to be relieved from a judgment of $14,449.11, entered in favor of plaintiff July 19, 1862. Upon the 29th of January, 1873, justice Burkett granted an order for the defendant to appear and be examined. The defendant in his • affidavit alleges that he and the plaintiff in June, 1870, at the Astor House, had an interview, in which the plaintiff asserted he had recovered a judgment for $14,000 against the defendant. That the defendant denied it; avowod he did not owe the plaintiff a cent; that if any such judgment was ever obtained it “ was a snap judgment and a fraud.”…
1Opinion of the CourtHardin, J.
—The proof is so overwhelmingly in favor of the defendant’s version of the alleged interview at the Astor *442House in June, 1870, that it must be accepted and acted upon in disposing of this motion.
The counsel of the plaintiff was so far moved by it as to admit his willingness to credit the $1,000 alleged to have been paid upon the judgment, but insisted, as a matter of law, that no greater effect could be given to the facts stated in the moving papers.
The learned counsel for the plaintiff argues that the defendant is not at liberty to insist that the payment of a thousand dollars is good…
2Cases cited15 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Ryan v. . WardNew York Court of Appeals · 1872
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Palmerton v. HuxfordNew York Supreme Court · 1847
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
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