Stafford v. Mott
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the 3d circuit. The bills in these suits were filed by the complainants respectively, as judgment creditors of the defendant Mott,, to reach his property and dioses in action which were not liable to execution at law, and particularly the amount of a judgment which he had recovered against the defendant Comstock, in an action of slander.
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This was an appeal from a decree of the vice chancellor of the 3d circuit. The bills in these suits were filed by the complainants respectively, as judgment creditors of the defendant Mott,, to reach his property and dioses in action which were not liable to execution at law, and particularly the amount of a judgment which he had recovered against the defendant Comstock, in an action of slander. Comstock by his answer claimed the right to set off a judgment recovered by him against Mott and others for a less sum, and which by an agreement between the defendants Was to be set off against the…
1Opinion of the Court
The Chancellor.
Upon an examination of the provisions of this decree, I am inclined to think the construction of it is, that the master is not directed to compute interest on the judgment in the slander suit. Whether he is authorized to allow interest on the balance due, after deducting Comstock’s judgment and the interest on the same up to the time when the defendants agreed it should be set off against the verdict in the slander suit, is a question not properly raised by this, appeal. If the master improperly allows interest on that balance, either because it is not authorized by the decree,…
2Cited by3 opinions
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- Adams v. HackettCalifornia Supreme Court · 1857
- Klock v. RobinsonNew York Supreme Court · 1839