Handly v. Henry
New York Supreme Court
This action was brought to recover the amount due on a promissory note given by the defendants to the plaintiff. It was insisted that the defendant Henry Greene, on the 24th day of March, 1852, paid the amount due on said note to the sheriff of Ulster county, on an execution in his hands for collection, issued on a judgment in favor of one Vandenburgh against James Handly; jun. and others, under § 298 of the code.
1Opinion of the CourtCrippen, P. J.
Section 293 of the code provides, that after the issuing of an execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, and the sheriff’s receipt shall be a sufficient discharge for the amount paid. The defendants, in order to establish their defense, introduced in evidence a certified copy of the transcript of a judgment in favor of Vandenburgh against Handly, filed in the clerk’s office of Ulster county. It appeared thereby that the judgment was docketed in Delaware county, and that a transcript thereof was filed in Ulster county…
2Cases cited2 opinions
- Baker v. KingslandNew York Court of Chancery · 1843
- Lansing v. RussellNew York Court of Chancery · 1848
3Cited by2 opinions
- Ledbetter v. MandellAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Hamilton Park Co. v. WempleNew York Supreme Court · 1893