Legal Opinion

Roberts v. . Carter

New York Court of Appeals

Decided March 5, 1868PublishedCited by 11 opinions

Appeal from order of tbe General Term of the Supreme Court in tbe Eirst District, reversing a judgment for tbe Defendant at Special Term, and ordering anew trial. The facts sufficiently appear in tbe opinion of the Court.

1Opinion of the CourtWoodruff, J.

If this case is before us for review upon the pleadings and proofs, as under the former practice, on an appeal from tbe decree of the Court of Chancery, I think the order appealed from should be reversed, and the judgment at Special Term affirmed.

The action is brought as a bill in equity to compel the set-off, or application of a judgment, entered in the name of the Defendant Terry against the Plaintiff for $319.43, upon and towards the satisfaction of that amount, parcel of a judgment recovered by the Plaintiff against the Defendant Carter.

It appeared on the trial that the two actions in…

2Cases cited1 opinion

  1. Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836

3Cited by11 opinions

  1. Scott v. WaggonerMontana Supreme Court · 1914
  2. Perry v. . ChesterNew York Court of Appeals · 1873
  3. Oatman v. Batavian BankWisconsin Supreme Court · 1890
  4. Terney v. WilsonSupreme Court of New Jersey · 1883
  5. Zogbaum v. ParkerNew York Supreme Court · 1873

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