Booth v. Farmers' & Mechanics' National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying motion for a new trial, and directing jpdgment in favor of defendant upon -a nonsuit. (Reported below, 4 Lans., 301.) This action was brought to recover the amount of a judgment in favor of defendant and assigned by it to plaintiff, and afterward, as alleged, satisfied by defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying motion for a new trial, and directing jpdgment in favor of defendant upon -a nonsuit. (Reported below, 4 Lans., 301.) This action was brought to recover the amount of a judgment in favor of defendant and assigned by it to plaintiff, and afterward, as alleged, satisfied by defendant. On the 29th December, 1860, defendant recovered a judgment in the Supreme Court against Archibald H. McLean, Hector McLean, and Theodore Goddard, impleaded with Charles L. Flint, for…
1Opinion of the CourtBapallo, J.
A party who, after having for a valuable consideration assigned a judgment, satisfies it, clearly incurs a liability to his assignee. If the satisfaction piece is given on payment of the judgment, the money may be recovered by the assignee in an action for money had and received, .and if the satisfaction is given without payment, and the assignee is prejudiced thereby, he is entitled to recover of his assignor the damages sustained. In the absence of proof to the contrary, the presumption arising from the giving of a satisfaction piece is that it was given upon payment of the judgment. The…
2Cases cited3 opinions
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Watervliet Bank v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1845
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- McCord v. Western Union Telegraph Co.Supreme Court of Minnesota · 1888
- Mutual Reserve Fund Life Ass'n v. Cleveland Woolen MillsCourt of Appeals for the Sixth Circuit · 1897
- Taylor v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
- Castle v. . LewisNew York Court of Appeals · 1879
- Pacific Postal Tel. Cable Co. v. Bank of Palo AltoCourt of Appeals for the Ninth Circuit · 1901
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