Campbell v. Mathews
New York Supreme Court
Motion to set aside an execution on the allegation of payment of judgment. The defendant being indebted to the plaintiff in a judgment, made a note for $200, and signed to it the name of a mercantile firm, of which he was a member, viz, H. B. & J. B. Mathews, and delivered the note to the plaintiff for the purpose of raising money to apply on the judgment.
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Motion to set aside an execution on the allegation of payment of judgment. The defendant being indebted to the plaintiff in a judgment, made a note for $200, and signed to it the name of a mercantile firm, of which he was a member, viz, H. B. & J. B. Mathews, and delivered the note to the plaintiff for the purpose of raising money to apply on the judgment. The firm also being indebted to the plaintiff, J. B. Mathews, the other member, after being informed of the existence of the note, supposing it to have been given for a debt of the firm, paid all but $16 of its amount out of the partnership…
1Opinion of the Court
By the Court,
Savage, Ch. J.
As this is an application to the equitable powers of this court, and as the equity seems to me against granting the motion, it must be denied. The note as a payment on the judgment was invalid in the hands of the plaintiff—4t could not have been enforced against J, *552B. M.; and as it was paid out of the partnership funds, it should have been applied to the partnership demand. The defendant had no right to direct the application differently. It is not the case of an ordinary debtor, applying payments made by himself, where there are different demands against him; it is…
2Cited by2 opinions
- Noyes v. WardSupreme Court of Connecticut · 1848
- Johnson & Kettell Co. v. Longley Luncheon Co.Massachusetts Supreme Judicial Court · 1910