President, Directors, & Co. of the Mechanics' Bank v. Minthorne

After interment, an action against the endorser of Ltefthe'cieii made a mistake mmt of the'da’ mages; by calculating the interest for one ?he actroi lime" ney thof at\hré ou?nllobsety?ng filed the’report of the assess-judgment finaI thereon; and payment of the damages” and íng^to sBch as" lnowiedgedaC" theSfjodKmentf fered efS re cord; but, afterwards, on paying over the ’plaintiffs" was discoverfendam refused TherCourt, m motion for that purpose, ordered the entry of satisfaction of the judgmem, oeedings in tha cause, subsequent to the interlocutory judgment, to be vacated, and the report of the cleric of the assessment of damages, the record of the judgment, and the satisfaction thereof, to be taken off the files of thq Court and cancelled, and the damages to be re-assessed by the clerk, allowing the defendant credit for the amount paid by hint.

THE plaintiffs brought an action of assumpsit against the defendant, as endorser of a promissory note, made by j) Tompkins, dated the 31st of January, 1818, for se- ■ ven thousand dollars, payable sixty days after date. An interlocutory judgment, on the default of the defendant for wanl a P^a, having been'entered, the damages were, as» sessed by the clerk of the Court, on the llth of Blau last; J . ° and on the fifteenth of May final judgment was signed, filed, a»d docketted, for the 8,633 dollars and 19 cents damages and costs. On the 28th of May, the defendant paid to the plaintiffs’ attorney 1,000 dollars, and on the 5th of July, .2,133 dollars, and on the 10th day of August ^e further sum of 5,615 dollars and 75 cents, as the baiance °f principal and interest due on the judgment; and the attorney of the plaintiffs, thereupon, delivered up to the defendant, the note on which the suit was brought, and acknowledged satisfaction of the judgment, as attorney of the plaintiffs; and the satisfaction piece was filed and entered °f record. On the 16th day of August, the attorney paid over t° the plaintiffs the last mentioned sum so received by him, as f°r the balance of principal and interest due on the note, when, for the first time, it was discovered that a mis» ... . . . take had been made by the clerk, in calculating interest for one year short of the actual period, being the sum of 525 dollars. The mistake was clearly proved by the affidavit of the deputy clerk, who made the calculation, on which the report of the assessment of damages was made, and of attomey of the plaintiffs, and that he did not discover jt unt¡l after satisfaction had been entered on record. The defendant, on being applied to by the attorney and the deputy clerk, did not deny the mistake, but declined doing any thing in the matter, stating that he was a mere endorser or surety.