Alexander v. Durkee

The question here raised is one of equitable offset, The administrator of the deceased executor had a judgment against the moving party, and the latter a decree of the surrogate adjudging to him as due a fixed amount. That decree directed payment to be made in a particular .manner, which it is claimed the surrogate had no jurisdiction to award. G-anting that as the possible truth, the application here is for an order applying one judgment upon another. That is never matter of absolute right, but an appeal to the equitable discretion of the court. Smith y. *136Lowden, 1 Sandf. 696; Baker v. Hoag,…