Ellsworth v. Thompson

New York Court of Appeals

Ellsworth v. Thompson

4 How. Pr. 445

DecidedJune 15, 1848

StatusPublished

This text of 4 How. Pr. 445 (Ellsworth v. Thompson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellsworth v. Thompson, 4 How. Pr. 445 (N.Y. 1848).

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Opinion

This was a case giving a construction to the 80th section of the titlé [446]*446of the Revised Statutes relative to writs of error and appeals; applying it to appeals from orders or decrees of the Court of Chancery, whether made by the chancellor or vice-chancellor.

Also, that a defendant in a foreclosure suit is not entitled to.have set-off against the mortgage debt, an unliquidated claim for damages upon an injunction bond given after suit commenced. (Reported, 1 Barb. Oh. R. 624.)

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This was a case giving a construction to the 80th section of the titlé [446]*446of the Revised Statutes relative to writs of error and appeals; applying it to appeals from orders or decrees of the Court of Chancery, whether made by the chancellor or vice-chancellor.

Also, that a defendant in a foreclosure suit is not entitled to.have set-off against the mortgage debt, an unliquidated claim for damages upon an injunction bond given after suit commenced. (Reported, 1 Barb. Oh. R. 624.)

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Bluebook (online)

4 How. Pr. 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellsworth-v-thompson-ny-1848.