Legal Opinion

Sanders v. Gillett

New York Court of Common Pleas

Decided December 2, 1878PublishedCited by 4 opinions

Appeal from an order made by this court at special term, granting a motion to offset judgments. The plaintiffs obtained a judgment against the defendant in a District Court of the city of New York for $123 40, and filed a transcript of the judgment in the office of the clerk of the city and county of New York, and afterwards, in proceedings supplementary to execution instituted in this court by the plaintiffs for the examination of a third party as a debtor of the judgment…

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Appeal from an order made by this court at special term, granting a motion to offset judgments. The plaintiffs obtained a judgment against the defendant in a District Court of the city of New York for $123 40, and filed a transcript of the judgment in the office of the clerk of the city and county of New York, and afterwards, in proceedings supplementary to execution instituted in this court by the plaintiffs for the examination of a third party as a debtor of the judgment debtor, Gillett, the latter, on an appeal to the general term, obtained a judgment for costs against the plaintiffs for…

1Opinion of the Court

Charles P. Daly, Chief Justice.

The lien of the attorney has, in this State, always been regarded as subject to the equitable right of set-off between the parties. I adverted to this distinction in Ward v. Wordsworth (1 E. D. Smith, 603) as settled by the cases of Spencer v. White (1 Johns. Cases, 102), Pindar v. Morris (3 Cai. 165) and The People, &c., v. Manning (13 Wend. 652), and it was upheld in Roberts v. Carter (24 How. Pr. 44) and Brooks v. Handford (15 Abb. Pr. 342).

The decision below, therefore, must be affirmed, there being no question where the defendant is insolvent, but that it…

2Cases cited5 opinions

  1. People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
  2. Pinder v. MorrisNew York Supreme Court · 1805
  3. Brooks v. HanfordNew York Supreme Court · 1859
  4. Pignolet v. GeerThe Superior Court of New York City · 1863
  5. Roberts v. CarterNew York Supreme Court · 1862

3Cited by4 opinions

  1. Smith v. ChenowethNew York Court of Common Pleas · 1887
  2. Hall v. DusenburyNew York Surrogate's Court · 1885
  3. Howitt v. MerrillNew York Court of Appeals · 1889
  4. Wabash Railroad v. BowringMissouri Court of Appeals · 1903

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