Lawrence v. . Church
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme • Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1890, which modified, and as modified affirmed, a judgment in favor of plaintiffs entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme • Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1890, which modified, and as modified affirmed, a judgment in favor of plaintiffs entered upon the report of a referee. In September, 1882, an action was begun by the plaintiffs against Walter S. Church, original defendant and the present defendant’s testator, on several promissory notes given by the latter to the plaintiffs’ testator in his life-time, amounting in the aggregate to upwards of $12,000, with an allegation of certain payments…
1Opinion of the CourtPeckham, J.
The General Term upon defendant’s appeal, reversed the judgment for plaintiffs entered upon the report of the referee and granted a new trial, unless the plaintiffs consented to deduct from the judgment the sum of $950.24, with interest from February 23, 1889, “ without prejudice to a future action to recover the same or any part thereof,” and in ease the plaintiffs did so consent, the judgment thus modified was affirmed, without costs of the appeal to either party.
The plaintiffs consented to make the deduction and the amount named was thereupon deducted from the judgment (without prejudice…
2Cases cited1 opinion
- Whitehead v. . KennedyNew York Court of Appeals · 1877
3Cited by9 opinions
- Van Beuren v. . WotherspoonNew York Court of Appeals · 1900
- Florida East Coast Railway Co. v. RucklesSupreme Court of Florida · 1922
- Matter of ChapmanNew York Court of Appeals · 1900
- Franklin Bank Note Co. v. MackeyNew York Court of Appeals · 1899
- Lawrence v. WilsonAppellate Division of the Supreme Court of the State of New York · 1903
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