¶1By the Court,
¶2The 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.)
1 Wend. 103
Baker v. Hunt
Decided August 15, 1828
New York Supreme Court · decided 1828-08-15
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.
Cited by 5 later decisions — most recently November 1892
5 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1828-08-15
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