3 Wend. 331 | N.Y. Sup. Ct. | 1829
By the Court,
In 8 Cowen, 126, a motion was granted to set off a justice’s judgment against a judgment of this court. The judgments were between the same parties ; there was no conflict as to the rights of assignees of choses in action; no allegations of fraud in relation to those rights. It was a plain undisputed matter of set off, and the only question was whether the principle by which the set off of judgments in courts of record against a judgment of this court is allowed, should be extended to justices’ judgments. This is a very different case ; the moving party here is an assignee of the judgments he asks to set off; it is alleged that other persons than the parties on record are contesting their rights before us; the rights themselves are denied; fraud is alleged, and a complicated intricate state of facts is presented, so that even the party who asks our interference suggests the possibility of the necessity of a feigned issue.
How, although the court will not say that they would not, in any case, on a motion to set off a justice’s judgment, protect the rights of an assignee, they have no hesitation in dis