Caswell v. Allen
New York Supreme Court
THIS was an action brought by the plaintiff, who sued as well for himself as the people, &c. against the defendant, as supervisor of the town of Scipio, to recover the penalty of 250 dollars, under the act passed 20th March, 1807. (Sess. 30. c. 43.) The pla¡ní'ff having recovered judgment for the penalty, the defend-ant paid to him, on the 11th February, 1812, the amount of the judgment and costs, and took a release and discharge in full, under seal, for the same.
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THIS was an action brought by the plaintiff, who sued as well for himself as the people, &c. against the defendant, as supervisor of the town of Scipio, to recover the penalty of 250 dollars, under the act passed 20th March, 1807. (Sess. 30. c. 43.) The pla¡ní'ff having recovered judgment for the penalty, the defend-ant paid to him, on the 11th February, 1812, the amount of the judgment and costs, and took a release and discharge in full, under seal, for the same. On the 21st December last, a ca. sa. was issued on the judgment, by virtue of which the defendant was rested by the sheriff,
1Per curiam
The plaintiff had no right to discharge the judgment or compound with the defendant, without leave of the court. (Sess. 11. c. 9. s. 7. 1 Bos. & Pull. 18. Stra. 167.) But the plaintiff had a right to receive payment of the judgment, and discharge it; the statute providing (sess. 30. c. 43.) that any person might prosecute the action for the penalty, and that one moiety should belong to him, and the other moiety, when recovered, should be paid into the treasury of the state. The plaintiff was trustee for a moiety of the judgment, and a payment to him would discharge the defendant.
Motion denied.
2Cited by3 opinions
- Marvin v. TroutSupreme Court of the United States · 1905
- Megargell v. Hazleton Coal Co.Supreme Court of Pennsylvania · 1845
- Burley v. BurleySuperior Court of New Hampshire · 1833