Clark v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward P. Smith and others, from a judgment of the Supreme Court in favor of the plaintiff entered in the office of the clerk of the county of Oneida On the 4th day of August, 1903, upon the report of a referee. The action was brought to vacate a judgment and to recover damages. It resulted in a judgment against all the defendants for twenty-one dollars damages and for costs.
1Dissent
Spring, J. (dissenting):
I concur in that part of the prevailing opinion which reverses the judgment as to S. Mack Smith, but dissent from the residue thereof.
The plaintiff in the present action, upon ascertaining the amount of the claim, with costs, sent a check for the same to the plaintiffs in the action against him. He accompanied it with his own letter explaining for what purpose the check was sent, and also inclosed a •letter from the plaintiff’s attorney in the action stating the amount of costs, and also one of Mr. Parsons, the agent of the collecting Agency, pertaining to the claim.…
2Cases cited4 opinions
- Clapp v. . McCabeNew York Court of Appeals · 1898
- Buffum v. ForsterNew York Supreme Court · 1894
- Barker v. LaneyAppellate Division of the Supreme Court of the State of New York · 1896
- Shaw v. DwightNew York Supreme Court · 1853