Legal Opinion

Savage v. Sully

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 1915PublishedCited by 4 opinions

Appeal by the plaintiff, Grace W. Savage, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of November, 1914, granting defendant’s motion for a permanent injunction restraining plaintiff from issuing an execution against his person.

1Opinion of the Court

Scott, J.:

On March 27, 1909, plaintiff recovered a judgment for $17,380.16 against defendant in an action for damages for conversion. On July 14, 1909, an execution against the person was issued to the sheriff of New York county, and on February 16, 1910, the defendant was arrested thereunder. On the same day, while defendant was under arrest, a written agreement was entered into between plaintiff, defendant and the wife of the latter by which defendant, in addition to paying $500 down on account of the judgment, agreed to pay $200 monthly thereafter until he should have completely discharged…

2Cases cited3 opinions

  1. Flack v. . the State of New YorkNew York Court of Appeals · 1884
  2. Yates v. Van Rensselaer & SchemerhonNew York Supreme Court · 1810
  3. Lathrop v. BriggsNew York Supreme Court · 1828

3Cited by4 opinions

  1. Hurlbutt v. ReidAppellate Division of the Supreme Court of the State of New York · 1919
  2. Moran v. TothNew York Supreme Court · 1949
  3. Parascandola v. AuditoreAppellate Division of the Supreme Court of the State of New York · 1926
  4. Miceli v. ParisiNew York Supreme Court · 1964

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