Ely v. Cook
New York Court of Common Pleas
Trial by the court at special term, and appeals from the judgment rendered. On the 29th day of Eovember, 1850, Cook, one of the defendants in the present action, had confessed judgment to Ely, the plaintiff. On the 31st day of December, 1851, Cook obtained a discharge under the two-thirds act.
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Trial by the court at special term, and appeals from the judgment rendered. On the 29th day of Eovember, 1850, Cook, one of the defendants in the present action, had confessed judgment to Ely, the plaintiff. On the 31st day of December, 1851, Cook obtained a discharge under the two-thirds act. In October, 1856, Cook recovered judgment for costs against Ely, in a creditor’s action, which Ely had brought upon the first-mentioned judgment, seeking to set aside an assignment made by Cook. That creditor’s action was commenced in 1851. The Messrs. Sherwood, who were Cook’s attorneys in that action,…
1Opinion of the Court
By the Court.—Daly, F.
All the defendants in this case were entitled to judgment. The equitable relief which the plaintiff asked was this: That the discharge granted to the defendant Cook, as an insolvent, should be declared void; that the judgment which he, the plaintiff, had obtained against Cook by confession, should be set off against the judgment recovered by Cook against the plaintiff to the extent of the latter judgment; that the latter judgment should be adjudged to be satisfied and can-celled of record, and that the plaintiff should have judgment for what would remain due upon the…
2Cases cited3 opinions
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- Griffin v. MitchellNew York Supreme Court · 1824
3Cited by1 opinion
- Channing v. MooreCity of New York Municipal Court · 1888