Hubbell v. Carpenter
New York Supreme Court
In Equity. On the 27th day of September, 1843, the plaintiffs recovered against the defendant as endorser of a note for $200, made by one Ellis, a judgjnent for $259,60. They had, on the 30th of March previous, recovered a judgment against Ellis for $843,68, upon other demands against him, including also the note endorsed by the defendant. A part of the judgment against Ellis was paid by his assignees.
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In Equity. On the 27th day of September, 1843, the plaintiffs recovered against the defendant as endorser of a note for $200, made by one Ellis, a judgjnent for $259,60. They had, on the 30th of March previous, recovered a judgment against Ellis for $843,68, upon other demands against him, including also the note endorsed by the defendant. A part of the judgment against Ellis was paid by his assignees. Subsequently an execution was issued for the batanee of the judgment and levied upon personal property in his possession, which was advertised for sale. On the day of sale, and after a portion…
1Opinion of the CourtHarris, P. J.
I think the fair import of the instruments executed by the plaintiffs on the 21st of August, 1845, is, that in transferring the judgment against Ellis to McCumber, the plaintiffs intended to reserve such amount of the judgment as should be necessary to enable them to collect the judgment against Carpenter. And although they stipulated that they would refrain from all further proceedings for the collection of the amount of the judgment so reserved, from Ellis, it was understood that such stipulation should not interfere with, their right to collect what they could of Carpenter. It was not…
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