9 Abb. Pr. 285
Decided April 15, 1870
New York Supreme Court · decided 1870-04-15
Motion to vacate satisfaction-piece. This action was brought by Gustave Bernstein against Lansing Demmler. The plaintiff’s attorney moved to vacate a satisfaction-piece he had given, upon an affidavit stating the following facts : That after the affirmance thereof, defendant’s attorney offered to settle the judgment, but deponent told Mm no settlement other than full payment could be made.
Decided 1870-04-15
¶1This is a meritorious motion, and the plaintiff must have a remedy. The satisfaction-piece must be declared inoperative, unless the interest be paid. If the defendant be not satisfied with that order, then the money paid must be returned, the satisfaction-piece canceled, and the defendant parties remitted respectively to their rights as they existed prior to the payment.
¶2Ordered accordingly.