Beers v. Hendrickson
The Superior Court of New York City
This action was brought to compel the execution and delivery of satisfaction pieces of two judgments. In June, 1858, the defendant Hendrickson recovered a judgment, by default, against the plaintiff (Beers) for $1754.78. This judgment was, in July, 1858, assigned by Hendrickson to the defendant Callaghan and his partner, C. D. Miller, (since deceased) who were his attorneys and counsel.
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This action was brought to compel the execution and delivery of satisfaction pieces of two judgments. In June, 1858, the defendant Hendrickson recovered a judgment, by default, against the plaintiff (Beers) for $1754.78. This judgment was, in July, 1858, assigned by Hendrickson to the defendant Callaghan and his partner, C. D. Miller, (since deceased) who were his attorneys and counsel. The assignment was absolute upon its face, and purported to transfer absolutely the whole judgment to the assignees. It contained a covenant by the assignor that the whole amount was unpaid, and authorized the…
1Opinion of the Court
By the Court, Monell, J.
I am willing to assume in this case that Callaghan & Miller were the exclusive owners of the several judgments mentioned in the complaint. The assignment of the first judgment was absolute upon its face, carrying with it the debt, and constituting the assignees the only parties in interest. As such assignees, they had legal power to receive payment and make satisfaction of all the judgments. The first question therefore of importance is, whether the satisfaction piece executed by Miller of the judgment of affirmance of July, 1860, operated to discharge in law the two…
2Cases cited12 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- German v. MachinNew York Court of Chancery · 1837
- Leavitt v. . PalmerNew York Court of Appeals · 1849
- Hawks v. HinchcliffNew York Supreme Court · 1854
- Bleakley v. WhiteNew York Court of Chancery · 1834
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3Cited by2 opinions
- Schneider v. BurnsSupreme Court of Louisiana · 1893
- Roberson v. GoldsmithSupreme Court of Louisiana · 1912