White v. Ward
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Ward and Aylesworth brought an action against White, before the' justice, The plaintiffs, in their declaration, stated, that on or about the 10th September, 1810, White alleged he had lost a bridle, and accused Aylesworth of taking it, and threatened to put him to trouble and costs, unless he would pay him the sum of twelve dollars in cash, or give him a note for the amount, with sufficient surety; upon which Aylesworth,…
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IN ERROR, on certiorari, from a justice’s court. Ward and Aylesworth brought an action against White, before the' justice, The plaintiffs, in their declaration, stated, that on or about the 10th September, 1810, White alleged he had lost a bridle, and accused Aylesworth of taking it, and threatened to put him to trouble and costs, unless he would pay him the sum of twelve dollars in cash, or give him a note for the amount, with sufficient surety; upon which Aylesworth, (though innocent of taking the bridle,) to save himself from the trouble and expense of a prosecution, executed a note with…
1Per curiam
The first question is, whether the recovery by White on the note, in the action before the other justice, in which the plaintiffs neglected to set off their demand, was not a bar to this suit. We are of opinion that it was a sufficient bar. The grounds on which the plaintiffs recovered in this suit below, would have been a good defence for them, in the suit before justice Sutherland; and if the plaintiffs were not in a situation at that time to make out that defence, by proof, it ivas their misfortune. The money having been collected under a regular judgment, cannot be recovered back in a new…
2Cited by7 opinions
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- Davis v. William M. Tileston & Co.Supreme Court of the United States · 1848
- Edwards v. StewartNew York Supreme Court · 1853
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