Baker v. Hunt — 1 Wend. 103

Majority

p. 103

Baker vs. Hunt.

Headnote

' The clerk is ?ot auíhorizecl ney paid into rule.1’ without

Motion that clerk pay over to plaintiff money received by him of the defendant. The defendant in this-cause, without obtaining a rule for that purpose, paid to the clerk of this court, at Utica, $1481, in satisfaction of the plaintiff’s demand. The clerk received the defendant’s check for the amount, but declined giving a receipt for the same, until farther advised. In the course of a day or two, he returned the draft to the defendant, informing him that he was not authorized to receive the money, without a rule of court for that purpose. And a motion was now made by the attorney for the plaintiff that the clerk pay the money to him.

Lockwood, for plaintiff.

S. Beardsley, contra.

By the Court,

The motion is denied, with costs. The clerk had no right to receive the money, without a rule of court, and acted correctly in returning it to the defendant. (See 2 T. R. 62; 1 Sell. Prac. 18, 277, 8, 9; 1 Tidd, 566.)