Barry v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Third Avenue Railroad Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of September, 1903, denying the defendant’s motion to compel a set-off of mutual judgments, except that portion thereof which stays the New York county sheriff from paying over to the plaintiff a certain check.
1Opinion of the Court
Ingraham, J.:
The plaintiff commenced an action against the defendant, based upon an alleged malicious prosecution. On the 15th day of March, 1899, the action- was tried and resulted in the dismissal of the complaint, and judgment thereon was entered in favor of the defendant for the sum of $109.42. The plaintiff appealed from this judgment, and it was affirmed; and for the costs of that appeal the defendant was awarded the sum.of $135.85, for which judgment was entered. Subsequently the defendant issued executions to the sheriff to collect these two judgments, which executions were returned…
2Cases cited5 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Marshall v. . MeechNew York Court of Appeals · 1872
- Starin v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Bevins v. AlbroNew York Supreme Court · 1895
- Delaney v. MillerNew York Supreme Court · 1895
3Cited by11 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- In re the Estate of CurleyNew York Surrogate's Court · 1936
- Dankwardt v. KermodeSupreme Court of Colorado · 1920
- Malman v. United StatesCourt of Appeals for the Second Circuit · 1953
- Smith v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
6 more not listed; retrieve them via the Exa API.