La Farge v. Herter
New York Supreme Court
Motion for a new trial. The action was debt on a judgment in the supreme court. The defendants pleaded nil debet, and gave notice of special matter of defence, viz. that the plaintiff issued an execution on the judgment to Abner Baker, jun. sheriff, in November, 1837, who levied upon the defendant’s goods to an amount more than enough to satisfy the execution; that the defendant Herter, who was the person who ought to pay (Dillenbacic being the surety on the note on which…
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Motion for a new trial. The action was debt on a judgment in the supreme court. The defendants pleaded nil debet, and gave notice of special matter of defence, viz. that the plaintiff issued an execution on the judgment to Abner Baker, jun. sheriff, in November, 1837, who levied upon the defendant’s goods to an amount more than enough to satisfy the execution; that the defendant Herter, who was the person who ought to pay (Dillenbacic being the surety on the note on which the judgment was recovered) gave his bond, and a mortgage to the plaintiff for $500 on his land containing 141Ts/o acres,…
1Opinion of the Court
By the Court, Gridley, J.
When this cause was last tried, it was supposed by the circuit judge, that the supreme court in granting a new trial, (see 3 Denio, 155,) had held that neither the levy on Herter’s property, nor the taking of Herter’s bond and mortgage, professedly in payment of the judgment, constituted in law a satisfaction of the judgment, either absolute or conditional. This supposition was founded on the fact that the case disclosed evidence of such levy, and of such bond and mortgage given for the amount of damages due the plaintiff in the judgment, the payment of the costs to…
2Cases cited5 opinions
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Frisbie v. LarnedNew York Supreme Court · 1839
- Taylor v. SnyderNew York Supreme Court · 1846
- Holmes v. D'CampNew York Supreme Court · 1806
- Bangs v. StrongNew York Court of Chancery · 1842
3Cited by6 opinions
- Lemmon v. WhitmanIndiana Supreme Court · 1881
- Davis v. TandyMissouri Court of Appeals · 1904
- Draper v. TrescottNew York Supreme Court · 1859
- La Farge v. HerterNew York Court of Appeals · 1853
- National Bank v. PlaceNew York Supreme Court · 1878
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