Rockwell v. Carpenter
New York Supreme Court
Appeal by Peters, as receiver, etc., the plaintiff in the second above entitled action, from an order made in said action at a Special Term directing that unless the plaintiff would consent to. accept a sum, fixed by the order, in full satisfaction of the judgment, which was for a larger sum, that then the judgment roll should be taken from the files and the decision be amended and modified, and that a new and reduced judgment should be entered up thereon.
1Opinion of the Court
Learned, P. J.;
If possible, I should very willingly agree to affirm the order appealed from, because it appears to have worked out what is called “ substantial justice.” But I am unable to do so, for the reason that the order seems to me to violate an important principle, and to be of a dangerous tendency.
The Hettrichs made a general assignment to Carpenter for the payment of their debts. Rockwell brought an action of replevin against Carpenter, and seized some of the property. Carpenter gave the requisite bonds and took the same back. Afterwards Peters, a receiver of the Hettrichs, appointed…
2Cases cited6 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- President, Directors, & Co. of the Mechanics' Bank v. MinthorneNew York Supreme Court · 1821
- McCall v. . McCallNew York Court of Appeals · 1874
- Levy v. JoyceThe Superior Court of New York City · 1857
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