Winterson v. Hitchings
New York Court of Common Pleas
Action by Maria L. Winterson against Hector M. Hitchings, in which there was a judgment in favor of plaintiff for certain costs. Defendant moves to set off such judgment against a judgment against plaintiff rendered in another action, and assigned to defendant
1Opinion of the CourtBischoff, J.
Defendant is the assignee of a judgment against the plaintiff, which was recovered in the city court of New York.. After the recovery and assignment of the judgment this action was instituted, and therein the plaintiff recovered the costs of the defendant’s demurrer and appeal. Defendant now asks that the costs be set off against the judgment of the city court, and the plaintiff objects because she has assigned the costs to her attorney of record, and because he has a lien thereon for his services in this action.
The motion should not be granted. Unquestionably judgments between the same…
2Cases cited10 opinions
- Perry v. . ChesterNew York Court of Appeals · 1873
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- Dunkin v. VandenberghNew York Court of Chancery · 1829
- Zogbaum v. . ParkerNew York Court of Appeals · 1873
- Service v. HeermanceNew York Supreme Court · 1806
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