Marsh v. Benedict
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury. The judgment in favor of the First National Bank was not satisfied and discharged when Peter Seeber, one of the judgment debtors, paid the same at the bank and took an assignment thereof.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury. The judgment in favor of the First National Bank was not satisfied and discharged when Peter Seeber, one of the judgment debtors, paid the same at the bank and took an assignment thereof. (Olason v. Morris, 10 Johns., 524; Gory v. White,- 3 Barb., 12; Kelsey v. Bradbury, 21 Barb., 531.) It is only when the judgment is obtained against joint debtors that payment by one defendant operates as a satisfaction of the judgment. (Morley v. Stevens, 47 How., 228; Ilarbeek v. Vanderbilt, 20 N. Y., 395; Booth v.…
1Opinion of the Court
jLeahNed, P. J.:
The action is, in part at least, for the refusal to return executions. The refusal is not denied. There is, therefore, a technical right of recovery. But the defendant may mitigate the damages in such cases; and, in strictness, it woidd be for the defendant to show that he could not have made the money within the life of the executions.
But the cause seems to have been tried on the theory that the sheriff had made such money as he could out of the debtor in the . execution, such being substantially the testimony of the deputy sheriff; and that the question to be tiled was where…
2Cases cited10 opinions
- Warner v. MartinSupreme Court of the United States · 1851
- Corey v. WhiteNew York Supreme Court · 1848
- Lewis v. . PalmerNew York Court of Appeals · 1863
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Eno v. . CrookeNew York Court of Appeals · 1854
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