Graef v. Bernard
City of New York Municipal Court
Appeal by defendant from order made on plaintiffs own motion to vacate judgment entered in Ms favor against defendant.
1Opinion of the CourtVan Wyck, J.
The plaintiff moved to vacate a judgment entered by him against defendant, and the record shows that the defendant, resident of this city, had made a general assignment for the benefit of his creditors, but that plaintiff, finding property belonging to him in Massachusetts, commenced action there upon the same cause, and attached the defendant’s property there on the same day that this action was commenced. It seems that the judgment herein would bar his recovery in the action there, and with it would, of course, fall his rights under the attachment, and hence his anplication to vacate his…
2Cases cited2 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Foote v. . LathropNew York Court of Appeals · 1869
3Cited by2 opinions
- Manufacturers National Bank v. Soltys, New York County Courts1966
- Cooke v. Wozen Equities, Inc.New York Supreme Court · 1988