La Farge v. . Herter and Dillenbeck
New York Court of Appeals
Action .of debt on a judgment against Herter as principal and Dillenbeck as surety, commenced in the supreme court in October, 1843. Two new trials had been already granted (3 Denio, 157; 4 Barb., 346), and the third trial was had in October, 1849, at the Jefferson circuit, before Mr. Justice Pratt and a jury.
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Action .of debt on a judgment against Herter as principal and Dillenbeck as surety, commenced in the supreme court in October, 1843. Two new trials had been already granted (3 Denio, 157; 4 Barb., 346), and the third trial was had in October, 1849, at the Jefferson circuit, before Mr. Justice Pratt and a jury. The defence was a satisfaction of the judgment after execution and levy, by a bond and mortgage given by Herter to the plaintiff, which was ■shown by the receipt of the plaintiff for the amount of the judgment, and by an acknowledgment of satisfaction endorsed by the plaintiff’s…
1Opinion of the Court
Ruggles; Ch. J.
The evidence is too clear to admit of a doubt that Herter’s bond and mortgage were given by him and taken by La Farge, in satisfaction and discharge of the judgment in favor of La Farge against Herter and Dillenbeck. The execution had been levied on Herter’s goods to an amount sufficient to -satisfy the debt. The levy was given up and abandoned by La'Farge on receiving the bond and mortgage, and La Farge gave Herter, who was the principal debtor, a receipt for the amount due him on the judgment, which by the terms of the receipt was to be applied on the execution. Herter paid…
2Cases cited1 opinion
- Hubbell v. CarpenterNew York Supreme Court · 1849
3Cited by13 opinions
- Campbell v. TateNew York Supreme Court · 1872
- In re SouleNew York Surrogate's Court · 1888
- Lipedes v. Liverpool & London & Globe InsuranceAppellate Division of the Supreme Court of the State of New York · 1918
- Froude v. BishopAppellate Division of the Supreme Court of the State of New York · 1898
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
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