Dusenberry v. Woodward
The Superior Court of New York City
Appeal from order that defendant pay into court a part of plaintiff’s claim, which he admitted in his answer to be due. The answer of the defendant in this case, admitted a part of plaintiff’s claim, and the plaintiff thereupon obtained an order at special term, directing him to pay into court the sum of $4222 47, with interest from the date of the order, or (upon giving security for the sum of $876 65, in the manner specified), to deduct that amount from the above sum, and…
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Appeal from order that defendant pay into court a part of plaintiff’s claim, which he admitted in his answer to be due. The answer of the defendant in this case, admitted a part of plaintiff’s claim, and the plaintiff thereupon obtained an order at special term, directing him to pay into court the sum of $4222 47, with interest from the date of the order, or (upon giving security for the sum of $876 65, in the manner specified), to deduct that amount from the above sum, and pay in the balance only. There are other provisions of the order not necessary to be noticed. The order was made under…
1Opinion of the Court
By the Court,
Hoffman, J.
The action is to adjust and recover an amount alleged to be due to the plaintiff from the defendant, upon the winding up of a certain joint concern relating to a general law and commercial agency, and the purchasing and selling lands.
The plaintiff claims a balance of $4593 to be due to him.
The answer was served on the 7th day of May, 1853, and it was therein admitted that there was a balance due to the plaintiff, of $3848.
Accompanying this answer was a written offer that the plaintiff might take judgment for that amount, with interest from the 23d of January, 1853, and…
2Cases cited9 opinions
- Van Wezel v. Van WezelNew York Court of Chancery · 1831
- People v. ComptonThe Superior Court of New York City · 1853
- Hosack v. RogersNew York Court of Chancery · 1845
- Brockway & McFarland v. CoppNew York Court of Chancery · 1831
- Schneider v. JacobiThe Superior Court of New York City · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Devlin v. HinmanAppellate Division of the Supreme Court of the State of New York · 1899