Boyd v. Boyd
New York Court of Common Pleas
" Appeal from city court, general term. Action by David Boyd, as administrator, against Robert Boyd, on a judgment. From a judgment of the city court (27 N. Y. Supp. 942) affirming a judgment entered on a verdict in favor of defendant, plaintiff appeals.
1Opinion of the CourtPryor, J.
The action is on a judgment, and the defense is payment. The summons was not served till the lapse of more than 19 years since the rendition of the judgment. Proof of actual payment was attempted, but the effort was scarcely a success. The fact depended upon the testimony of a solitary witness; and, besides the inherent infirmity of his evidence, it was discredited by at least one instance of deliberate false swearing. Then, too, the checks with which it is pretended the intestate’s judgment was paid had been the subject of a suit against another man, in which the defendant, prosecuting that…
2Cases cited12 opinions
- Marston v. . GouldNew York Court of Appeals · 1877
- Cook v. . BarrNew York Court of Appeals · 1870
- Wright v. . NostrandNew York Court of Appeals · 1883
- Bean v. . TonneleNew York Court of Appeals · 1884
- Cary v. . WhiteNew York Court of Appeals · 1874
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3Cited by1 opinion
- Wyckoff v. La GrangeNew York Court of Common Pleas · 1895