New York Supreme Court, 1846

Holmes v. Van Sickle

Holmes v. Van Sickle
New York Supreme Court · Decided June 15, 1846 · Jewett
2 How. Pr. 184

Counsel

M. T. Reynolds, defendants' counsel., S. B. Jewett, defendants' attorney., S. Wheeler, plaintiff's counsel and attorney.

Holmes v. Van Sickle

Opinion of the Court

Jewett, Justice.

Granted the motion, setting aside the sci.fa., and that plaintiff acknowledge satisfaction of the judgment with $10 costs; on the ground that the defendants paid all that they understood to be due, and within the time agreed upon, as appeared by their affidavits; and it seemed, that they paid all which was in fact due. It also appeared that the defendants were deceived, in giving a bond and warrant of attorney, instead of a cognovit, not knowing that the expenses would be increased by so doing.

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