Harris v. Palmer
New York Supreme Court
Motion to set off a judgment-. Previous to September, 1845, and in that year, Palmer sold Harris the wood work of a wagon.
Read the full summary
Motion to set off a judgment-. Previous to September, 1845, and in that year, Palmer sold Harris the wood work of a wagon. In September, 1845, Palmer sued out an attachment before a justice, against Harris, which was executed by the defendant Butterfield, a constable, who levied the same by Palmer’s direction, on a wagon, the wood work of which was the same above mentioned ; and upon return of the attachment, on the 19th of September, 1848, Palmer obtained a judgment against Harris for $36,26, for a balance due him for the same wood work. The attachment was served personally on Harris. The…
1Opinion of the CourtWelles, J.
The judgment sought to be set off was satisfied by the sale of the wagon. But as that satisfaction was produced by the sale of the same property, for the levying upon and sale of which the recovery was bad by Harris, Palmer insists that it is in reality no satisfaction. That although his -judgment was nominally satisfied, for the time being, yet as a judgment has been recovered against him and the constable, for the value of the property which produced the satisfaction, equity requires that his judgment in the attachment suit should be regarded as still open and unsatisfied, for the purpose…
2Cases cited1 opinion
- Piper v. ElwoodNew York Supreme Court · 1847
3Cited by3 opinions
- Goddard v. . StilesNew York Court of Appeals · 1882
- Ross v. HicksNew York Supreme Court · 1851
- Wallace v. BerdellNew York Supreme Court · 1886