Legal Opinion

Claflin v. Frenkel

New York Supreme Court

Decided February 15, 1883Published

Appeals by both parties from an order made at a Special Term discharging the defendant Frankel from imprisonment under an order of arrest granted in this action.

1Opinion of the Court

Daniels, J.:

The defendants appealed from that portion of the order which, required Frankel, who was under arrest,- to stipulate not to bring an action for damages because of his arrest as a defendant after his discharge. He did so stipulate and secured his discharge by complying with that portion of the order; and after having done that it was too late for him to complain that this condition had been *289imposed upon him. He received the benefit which a compliance with the condition proposed to him, and could not subsequently appeal from this portion of the order. For that reason his appeal…

2Cases cited2 opinions

  1. Hinkley v. MareanU.S. Circuit Court for the District of Massachusetts · 1822
  2. Blason v. BrunoNew York Supreme Court · 1861

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