Legal Opinion

Boyd v. Boyd

City of New York Municipal Court

Decided December 15, 1894Published

Appeal from an order made at Special Term granting new trial on defendant’s motion upon payment of costs to date.

1Opinion of the CourtVan Wtck, J.

The plaintiff’s alleged cause is upon a judgment previously obtained by his intestate against this defendant, while defendant’s alleged defense was payment of the same to said intestate. At trial, when defendant offered to make proof of such payment, he was met with a judgment roll filed in an action in the Superior Court, wherein he was plaintiff and the plaintiff herein was one of the defendants therein, by which it was adjudged by the fifteenth and seventeenth findings of fact that the very judgment herein sued upon “is still unpaid,” and it was held that he was estopped by such judgment…

2Cases cited1 opinion

  1. Smith v. . FrankfieldNew York Court of Appeals · 1879

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