Harbeck v. . Vanderbilt
New York Court of Appeals
Appeal from the Supreme Court. Action to restrain the collection of a judgment. Upon the trial these facts were proved: Decker and Brown recovered a judgment upon a joint contract against the plaintiffs in this action and six others, of whom the defendant Jacob H. Vanderbilt was one. As between themselves and the other defendants in the judgment, the plaintiffs were only bound to pay one-seventh.
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Appeal from the Supreme Court. Action to restrain the collection of a judgment. Upon the trial these facts were proved: Decker and Brown recovered a judgment upon a joint contract against the plaintiffs in this action and six others, of whom the defendant Jacob H. Vanderbilt was one. As between themselves and the other defendants in the judgment, the plaintiffs were only bound to pay one-seventh. An execution having been issued to the sheriff of Richmond county, in which Jacob H. Vanderbilt had abundant property to satisfy it, he, through his attorney, paid to the plaintiffs his aliquot…
1Opinion of the Court
Every judgment purchased and paid for, is, so far as the plaintiffs in it are concerned, paid; but if at the time of payment an assignment is made by the plaintiffs to a third party for the benefit of one with whose money or credit the payment is made, the judgment, although in one sense paid, is not satisfied, but remains subsisting and valid, until it has answered the purposes for which it was assigned. The finding if it could have been justly deduced from the evidence should, under the circumstances, have gone the length of concluding that the payment made was intended as a satisfaction;…
2Cited by55 opinions
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Ten Eyck v. . CraigNew York Court of Appeals · 1875
- Zimmerman v. GaumerIndiana Supreme Court · 1899
- Adams v. White Bus LineCalifornia Supreme Court · 1921
- Champney v. . CoopeNew York Court of Appeals · 1865
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