Rowe v. Langley
Supreme Court of New Hampshire
Augustus J. Rowe — and Levi G. Towde, plaintiff in interest, in the matter of Thomas Langley. At the October term, 1869, the plaintiff recovered judgment. The defendant moved to set off against that judgment a judgment recovered by one Melcher against said Rowe at the January term, 1866, which was assigned to said defendant.
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Augustus J. Rowe — and Levi G. Towde, plaintiff in interest, in the matter of Thomas Langley. At the October term, 1869, the plaintiff recovered judgment. The defendant moved to set off against that judgment a judgment recovered by one Melcher against said Rowe at the January term, 1866, which was assigned to said defendant. The plaintiff’s counsel claimed a lien on Rowe’s judgment, for the taxable costs, and also resisted the defendant’s motion, on the ground that L. G. Towle was assignee and real owner of Rowe’s judgment. A commissioner reported the facts as follows: The Melcher judgment…
1Opinion of the CourtNesmith, J.
Under our practice, there can be no question as to the legal right of plaintiff’s counsel to a lien mpon plaintiff’s judgment equal to-the amount of his taxable costs. Such lien will be protected from any set-off to which the-defendant could in any form be entitled. Shapley v. Bellows, 4 N. H. 347 ; Currier v. Boston & Maine Railroad, 37 N. H. 225 ; Wells, Adm’r v. Hatch, 43 N. H. 246.
The defendant Langley, purchased, a judgment.against the .nominal plaintiff Eowe more than a year before the real plaintiff Towle took his assignment of Eowe’s right of action against the said defendant. The…
2Cases cited6 opinions
- Anderson v. Van AlenNew York Supreme Court · 1815
- Chamberlin v. DayNew York Supreme Court · 1824
- Utica Insurance v. PowerNew York Court of Chancery · 1831
- Kellogg v. KrauserSupreme Court of Pennsylvania · 1826
- Corser v. CraigU.S. Circuit Court for the District of Pennsylvania · 1806
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