Hopper v. Ersler
The Superior Court of the City of New York and Buffalo
Action by one Hopper against Ersler and others. Judgment for costs for defendant on appeal to the general term. . Thereafter plaintiff recovered judgment, and moved to set off a judgment for costs against the second judgment. The judgment for costs had in the meantime been signed.
1Opinion of the CourtMcADAM, J.
The action was commenced in this court prior to November, 1892, and on April 12, 1893, the defendants recovered judgment therein against the plaintiff for $90.80, costs of an appeal to the general term. 22 N. Y. Supp. 1050. The action thereafter proceeded, and the plaintiff, on August 28, 1894, recovered a judgment against the defendants for $1,681.46, which he has been unable to collect. The present motion is by the plaintiff to set off the first judgment (as far as applicable) against the second. Objection is made that the first judgment was for costs only, and was equitably the property of…
2Cases cited4 opinions
- Davidson v. . AlfaroNew York Court of Appeals · 1880
- Hoyt v. GodfreyNew York Court of Common Pleas · 1882
- Smith v. ChenowethNew York Court of Common Pleas · 1887
- Hopper v. ErslevThe Superior Court of the City of New York and Buffalo · 1893
3Cited by2 opinions
- Fromme v. GrayCity of New York Municipal Court · 1896
- Cise v. PetermanNew York Supreme Court · 1905