Hoyt v. Godfrey
New York Court of Common Pleas
Appeal from an order of this court setting off costs against the judgment in the action. After the entry of a judgment for plaintiffs in the action, the Court of Appeals, upon an appeal by the defendant from an order of the General Term of this court, affirming-an order of the Special Term denying a motion to vacate an order of arrest granted against him, reversed the order appealed from and vacated the order of arrest, with costs to the defendant.
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Appeal from an order of this court setting off costs against the judgment in the action. After the entry of a judgment for plaintiffs in the action, the Court of Appeals, upon an appeal by the defendant from an order of the General Term of this court, affirming-an order of the Special Term denying a motion to vacate an order of arrest granted against him, reversed the order appealed from and vacated the order of arrest, with costs to the defendant. A motion by the plaintiffs' to set off the costs so awarded against the judgment recovered by them, was opposed by the defendant’s attorney on the…
1Opinion of the CourtVan Hoesen, J.
If this were an application to set off the judgment in one action against the judgment in another, we should feel obliged to apply the law as laid down in Ely v. Cooke (28 N. Y. 372), Perry v. Chester (53 N. Y. 240), and Zogbaum v. Parker (66 Barb. 341), and hold that where an attorney had purchased one of the judgments, and paid for it in services rendered in good faith, he should be treated like any other bona fide purchaser for value, and that he should not be deprived of his judgment because his assignor was indebted upon the other judgment to the person who applied for the offset.
This,…
2Cases cited2 opinions
- Perry v. . ChesterNew York Court of Appeals · 1873
- Zogbaum v. ParkerNew York Supreme Court · 1873
3Cited by10 opinions
- Smith v. ChenowethNew York Court of Common Pleas · 1887
- Baumwald v. Two Star Laundry Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- Hopper v. ErslerThe Superior Court of the City of New York and Buffalo · 1894
- Channing v. MooreCity of New York Municipal Court · 1887
- Hopper v. ErslerThe Superior Court of New York City · 1894
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