Bergen v. Boerum
New York Supreme Court
Evertson moved to set aside the execution issued in this cause, and to have satisfaction entered on the judgment upon an affidavit stating that the amount of the debt in the condition of the bond, on which judgment had been confessed, had, together with interest and costs, been paid to the sheriff, *who nevertheless threatened to go on and sell, in pursuance of the directions he had received, as the fi. fa. issued was on a judgment for the penalty, and the writ endorsed to…
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Evertson moved to set aside the execution issued in this cause, and to have satisfaction entered on the judgment upon an affidavit stating that the amount of the debt in the condition of the bond, on which judgment had been confessed, had, together with interest and costs, been paid to the sheriff, *who nevertheless threatened to go on and sell, in pursuance of the directions he had received, as the fi. fa. issued was on a judgment for the penalty, and the writ endorsed to levy more than the sum paid. "He insisted that the sum in the condition is the actual debt. By the words of our…
1Opinion of the Court
Per Ouriam.
We have no doubt of our equitable jurisdiction. It would be attended with the most mischievous consequences to allow collecting more than is due on the condition. It would be trying the equity of the case in this way. It is against the very form of the contract, and liable to great abuse. It would be a deception on the world, for the condition which is to discharge the -judgment is on record. If, therefore, it was to reach to other demands, it would be impossible to know what would satisfy the debt. As to the two dollars, de minimis non curat lex. Take the effect of your motion,…
2Cited by4 opinions
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- Griswold v. HillU.S. Circuit Court for New York · 1825
- Campbell v. GroveNew York Supreme Court · 1800