Cise v. Peterman
New York Supreme Court
Action by Oscar Van Cise against Stephen L. Peterman. Heard on motion of defendant. Motion granted. The plaintiff recovered a judgment against the defendant for $30 damages and $30 costs, making $60, in an action for assault, which judgment was entered on or about April 9, 1904, from which an appeal was taken by the plaintiff to the Appellate Division.
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Action by Oscar Van Cise against Stephen L. Peterman. Heard on motion of defendant. Motion granted. The plaintiff recovered a judgment against the defendant for $30 damages and $30 costs, making $60, in an action for assault, which judgment was entered on or about April 9, 1904, from which an appeal was taken by the plaintiff to the Appellate Division. The judgment was there affirmed, with costs, and the defendant now moves to offset plaintiff’s judgment against the judgment recovered by the defendant for costs on the appeal.
1Opinion of the CourtKruse, J.
The attorney for the plaintiff resists this application to have the plaintiff’s judgment offset against the defendant’s judgment, contending that his right and interest in the plaintiff’s judgment is superior to the right of the defendant to have one judgment offset against the other, claiming that in addition to the lien given to him for his services upon the plaintiff’s judgment under section 66 of the Code of Civil Procedure he entered into an agreement with the plaintiff, whereby he was to receive for his services in prosecuting the plaintiff’s claim one-half of the recovery, besides the…
2Cases cited2 opinions
- Smith v. ChenowethNew York Court of Common Pleas · 1887
- Hopper v. ErslerThe Superior Court of the City of New York and Buffalo · 1894