Devoy v. Boyer

Decided May 15, 1808

New York Supreme Court · decided 1808-05-15

THERE were three suits between the plaintiff and the defendant in this court. The first was on a promissory note, in which the plaintiff recovered damages. The second was on a-contract in which the plaintiff also recovered damages. In the third suit, there was a verdict for the defendant. now moved to set off the entire damages recovered by the defendant in the last suit against the amount recovered in the two other 'suits.

Cited by 2 later decisions — most recently February 1892

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1808-05-15

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Per Curiam.

¶1The costs of the attorney for the plaintiff in the two first suits must be paid; he has a lien for them, which ought not to be affected by the set-off. It was so decided in the case of Cole v. Grants,*and that must govern our decision in the present case.

¶22 Caines, 105.