Claflin v. Frenkel
New York Supreme Court
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
- Hinkley v. MareanU.S. Circuit Court for the District of Massachusetts · 1822
- Blason v. BrunoNew York Supreme Court · 1861