Barry v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Thomas Barry against the Third Avenue Railroad Company. From an order denying a motion to set off judgments, defendant appeals. Affirmed. See 64 N. Y. Supp. 615.
1Opinion of the CourtIngraham, J.
The plaintiff commenced an action against the defendant, based upon an alleged malicious prosecution. On the 15th day of March, 1899, the action was tried, and resulted in the dismissal of the complaint, and judgment thereon was .entered in favor of the defendant for the sum of $109.42. The plaintiff appealed from this judgment, and it was affirmed (64 N. Y. Supp. 615); and for the costs of that appeal the defendant was awarded the sum of $135.85, for which judgment was entered. Subsequently the defendant issued executions to the sheriff to collect these two judgments, which executions were…
2Cases cited7 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Marshall v. . MeechNew York Court of Appeals · 1872
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Starin v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Barry v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by4 opinions
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Morton v. ForseeSupreme Court of Missouri · 1913
- Dankwardt v. KermodeSupreme Court of Colorado · 1920
- Malman v. United StatesCourt of Appeals for the Second Circuit · 1953