Hoyle v. McCrea
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert McCrea, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Clinton on the 14th day of January, 1899, denying his. motion to cancel and discharge of record a judgment against him and the defendant Murrray, upon which judgment such defendants had been imprisoned upon an execution issued against their persons.
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Appeal by the defendant, Robert McCrea, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Clinton on the 14th day of January, 1899, denying his. motion to cancel and discharge of record a judgment against him and the defendant Murrray, upon which judgment such defendants had been imprisoned upon an execution issued against their persons. The defendants were arrested upon such execution on or about the'24th day of June, 1898, and held in Custody until on or about October 13, 1898. Upon'the request of the defend|ant…
1Opinion of the Court
Herrick, J.:
In the case of Sweet v. Palmer (16 Johns. 181), where the defendant, in execution attempted to avail himself of a somewhat similar permission to the one in this case, the court said, “ The evidence clearly shows fraud and a trick on the part of the defendants ; and we rejoice that the rules of law are such as to prevent the success of their cunning.” And again, ‘‘ If * * * the debtor-procured the license by collusion and preconcerted fraud, it would be affrontful to justice to tolerate such a defense.”
In this case the defendant appealed to the humanity of the plaintiff to grant…
2Cases cited2 opinions
- Koenig v. . SteckelNew York Court of Appeals · 1874
- Sweet v. PalmerNew York Supreme Court · 1819