Farmer v. Schneider

Plaintiff appeals from an order made at Special Term vacating an execution issued by the plaintiff and the levy made thereunder. With the exception of the first ordering paragraph, which denies appellant’s motion for reargument, the order is reversed on the law and the facts, without costs, and the matter remitted to Special Term to take, proof of the following facts: (1) By whom the $35 was paid in alleged satisfaction of the judgment; (2) whether the attorneys of record were authorized to accept $35 in satisfaction of the judgment or whether their acceptance was subsequently ratified or…