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Steinhart v. Carver

59 N.Y.S. 1115 Court General Term. Decision date 1899-06-29 English

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p. 1115
STEINHART, Appellant, v. CARVER, Respondent.
(City Court of New York,
General Term.
June 29, 1899.)

Headnote

Action by Israel Stein-hart against Jacob H. Carver. There was a judgment for plaintiff, and from an order vacating the judgment, and granting defendant leave to answer, plaintiff appeals.
Affirmed. Furlong & O’Connell, for appellant. Frayer, Smith, White & Seaman, for respondent.

The practice of the appellant’s attorneys, in entering judgment and issuing execution on the $60 claim after the principal had been paid to and retained by them, does not commend itself to the court; and this view of the case doubtless influenced the judge at special term in exercising discretion as to the terms upon which the judgment should be vacated. Order appealed from affirmed, with costs.