Clark v. Story
New York Supreme Court
THIS action was tried by a jury in a justice’s court, where a verdict was found in favor of the defendant; upon which the justice rendered judgment against the plaintiff for $1.36 costs. The Otsego county court affirmed the judgment, and the plaintiff appealed from the judgment of that court to this court.
1Opinion of the Court
By the Court, Balcom, J.
This action was brought upon an account, which the plaintiff purchased of one Myers. But in the view I have taken of the case, it is unnecessary to determine whether the account was proved so as to authorize the jury to find a verdict thereon in favor of the plaintiff.
The defendant purchased a judgment of one Easier, that he had recovered against Myers before a justice of the peace; and he introduced it in evidence-on the trial of this action, as a defense, or set-off or counter-claim. The plaintiff objected to its introduction, and insisted that it was inadmissible,…
2Cited by7 opinions
- Clark v. SullivanNorth Dakota Supreme Court · 1893
- Wickham v. WeilNew York Court of Common Pleas · 1892
- Cottle v. New York, West Shore & Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Hanlon v. Metropolitan Life InsuranceNew York Court of Common Pleas · 1894
- Rando v. National Park BankAppellate Division of the Supreme Court of the State of New York · 1910
2 more not listed; retrieve them via the Exa API.