Gilman v. Van Slyck
New York Supreme Court
Ii~ the first cause, Gilman had judgment for $220; previous to which, Miller had obtained judgment in the second cause, for $233 96 in the 0. P. of Montgomery county.
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Ii~ the first cause, Gilman had judgment for $220; previous to which, Miller had obtained judgment in the second cause, for $233 96 in the 0. P. of Montgomery county. And now on an affidavit of Pardee, that, previous to the judgment in the first cause, the defendants therein purchased the judgment in the second, moved to set off the judgment in the second against that in the first. read Gilman's affidavit, that Pardee had admitted to him, that thejudgment was assigned to him and Van Slyck on the condition, that if it could be set off, then the assignment to be valid; if not, then to be void;…
1Opinion of the Court
Curia.
It is not competent for a party thus to buy a judgment conditionally for the purpose of setting it off. *He is bound to become the absolute proprietor for that purpose. He must purchase, and incur the risk of set-off him-' self; not come, as here, in the light of a mere agent. There is no interest in Yan Slyck and Pardee; and we might as well grant this motion without the form of-a transfer, as .to allow if under these circumstances.
Motion denied.[1]
Courts of law have the right, growing out of their equitable jurisdiction over their suitors, (14 Johns 15; 1 Johns. Ch. Rep. 94,) of…
2Cases cited11 opinions
- Martin v. HawksNew York Supreme Court · 1818
- Simpson v. HartNew York Court of Chancery · 1814
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- Bridge v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1830
- McGuinty v. HerrickNew York Supreme Court · 1830
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3Cited by4 opinions
- Hobbs v. DuffCalifornia Supreme Court · 1863
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Temple & Beaupre v. ScottSupreme Court of Minnesota · 1859
- Cornell v. DonovanCity of New York Municipal Court · 1887