Montalto v. Yeckley

The plaintiffs, Lorenzo Montalto and Carmelina Montalto, who were substituted for the original plaintiff, Sam Montalto, will be referred to herein as plaintiffs. This cause is concerned mainly with the right to set off a judgment, acquired by a defendant Edgar G. Yeckley (referred to herein as defendant) during the pendency of the action, against plaintiffs’ judgment on which their action is founded. Incidentally, the claim of plaintiffs’ counsel that their right to attorney fees is superior to any right of set-off in favor of the defendant will be considered.

This action was formerly in this…