Baker v. Hoag
New York Supreme Court
Motion to set off Judgments. The first action was replevin, and was brought in February 1847, to recover a quantity of wool which was owned by the defendant, and which having been sunk in a canal boat, in the Hudson river, had been rescued by the plaintiff. He claimed that he was entitled to hold the wool until he was compensated for his services. The plaintiffs in the second action had executed the replevin bond as sureties for the plaintiff in the first action.
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Motion to set off Judgments. The first action was replevin, and was brought in February 1847, to recover a quantity of wool which was owned by the defendant, and which having been sunk in a canal boat, in the Hudson river, had been rescued by the plaintiff. He claimed that he was entitled to hold the wool until he was compensated for his services. The plaintiffs in the second action had executed the replevin bond as sureties for the plaintiff in the first action. The wool, being delivered upon the replevin, was deposited with Macy & Gaul for their indemnity, as sureties upon the replevin…
1Opinion of the Court
Harris, Justice.
The power of this and of every other court to direct one judgment to be set ofl‘ against another, depends not upon any certain rule of law, but upon the equitable control which every court may exercise over its own suitors and process (Dunkin vs. Vandenburgb, 1 Paige, 622; The People vs. New York Com. Pleas, 13 Wend. 649). Such applications, therefore, are addressed to the discretion of the court, which discretion is to be exercised in such a manner as to do equity and prevent injustice. Its exercise is never demandable as a right, and the manner of its exercise, is not the…
2Cases cited2 opinions
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- Dunkin v. VandenberghNew York Court of Chancery · 1829
3Cited by6 opinions
- De Camp v. . ThomsonNew York Court of Appeals · 1899
- Rando v. National Park BankAppellate Division of the Supreme Court of the State of New York · 1910
- Hovey v. MorrillSupreme Court of New Hampshire · 1881
- Alexander v. DurkeeNew York Court of Appeals · 1889
- Hardt v. SchultingNew York Supreme Court · 1881
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