Wright v. Austin
New York Supreme Court
APPEAL from a judgment rendered upon the findings of the judge at the circuit, a jury having been waived. The plaintiff, as administrator of John Walker, deceased, ^sued to recover the amount of a note, executed by Warren S. Walker and Edward G-. Austin to John Walker in his lifetime, and dated the 20th day of December, 1856, by which they jointly and severally agreed to pay to him $175, with interest, on or before the first of January, 1858. The defendant Austin set up in…
Read the full summary
APPEAL from a judgment rendered upon the findings of the judge at the circuit, a jury having been waived. The plaintiff, as administrator of John Walker, deceased, ^sued to recover the amount of a note, executed by Warren S. Walker and Edward G-. Austin to John Walker in his lifetime, and dated the 20th day of December, 1856, by which they jointly and severally agreed to pay to him $175, with interest, on or before the first of January, 1858. The defendant Austin set up in his answer that the note was executed by him as surety, and solely for the benefit and accommodation of the defendant…
1Opinion of the Court
By the Court,
Foster, J.
There is no doubt that the defendant Austin was not entitled to set off the alleged claim of Warren S. Walker against the estate of his deceased father, as next of kin, as a counter-claim to the note in question; for that claim was not such in its nature, nor had the defendant Austin such an interest in it as would enable him to set it off. ÍTor do I understand that he attempted to do so. He claimed that it was a fund belonging to his principal, in the hands of, and under the control of, the plaintiff; and that he was entitled to have the plaintiff exhaust that fund, in…
2Cases cited7 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Smith v. KearneyNew York Court of Chancery · 1848
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Bank of Auburn v. ThroopNew York Supreme Court · 1821
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States Ex Rel. Johnson v. Morley Const. Co.Court of Appeals for the Second Circuit · 1938
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Durham v. CraigIndiana Supreme Court · 1881
- In re the Judicial Settlement of the Estate of FosterNew York Surrogate's Court · 1895
11 more not listed; retrieve them via the Exa API.