Story v. Patten
New York Supreme Court
Motion to set offjustices’ judgments against a judgment in this court. A judgment was rendered in favor of the plaintiff in this court .for $94,68. A motion was made by ,jefendant t0 set off three justices’ judgments, (or as much thereof as should be necessary,) amounting together to $114,55, rendered against the plaintiff in favor of one How-land, and assigned by him to the defendant previous to the rendition of the judgment in this cause.
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Motion to set offjustices’ judgments against a judgment in this court. A judgment was rendered in favor of the plaintiff in this court .for $94,68. A motion was made by ,jefendant t0 set off three justices’ judgments, (or as much thereof as should be necessary,) amounting together to $114,55, rendered against the plaintiff in favor of one How-land, and assigned by him to the defendant previous to the rendition of the judgment in this cause. This motion was resisted upon various grounds, and amongst others that A. Story was but a nominal plaintiff, the real plaintiff being one W. Story, for…
1Opinion of the Court
By the Court,
Marcy, J.
In 8 Cowen, 126, a motion was granted to set off a justice’s judgment against a judgment of this court. The judgments were between the same parties ; there was no conflict as to the rights of assignees of choses in action; no allegations of fraud in relation to those rights. It was a plain undisputed matter of set off, and the only question was whether the principle by which the set off of judgments in courts of record against a judgment of this court is allowed, should be extended to justices’ judgments. This is a very different case ; the moving party here is an…
2Cited by4 opinions
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