Legal Opinion

Revere Copper Co. of Boston v. . Dimock

New York Court of Appeals

Decided October 10, 1882PublishedCited by 21 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 2, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a judgment recovered in Massachusetts, by plaintiff against defendant. The defense was a discharge in bankruptcy. The material facts are stated in the opinion.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 2, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a judgment recovered in Massachusetts, by plaintiff against defendant. The defense was a discharge in bankruptcy. The material facts are stated in the opinion. The Massachusetts court had power to render the judgment. (U. S. R. S., § 5106; Eyster v. Gaff, 91 U. S. 521, 524; Claflin v. Houseman, 93 id. 130; McHenry v. La…

1Opinion of the CourtEarl, J.

On the 13th day of January, 1874, the plaintiff commenced an action against the defendant by personal service of process upon two promissory notes in the Superior Court of Massachusetts, which was a court of general jurisdiction. The defendant appeared by an attorney and answered, and that action was continued from term to term to the January term of 1875, when upon being called he suffered default. Thereafter on the 1st day of April, 1875, judgment was rendered and entered against him for upwards of $3,500, besides costs.

After the commencement of that action, in June, 1874, the defendant was…

2Cases cited15 opinions

  1. Eyster v. GaffSupreme Court of the United States · 1876
  2. Hampton v. M'connelSupreme Court of the United States · 1818
  3. Dobson v. . PearceNew York Court of Appeals · 1854
  4. Wolf v. StixSupreme Court of the United States · 1879
  5. Webb v. . BuckelewNew York Court of Appeals · 1880

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3Cited by21 opinions

  1. Milwaukee County v. M. E. White Co.Supreme Court of the United States · 1935
  2. Rudd v. . CornellNew York Court of Appeals · 1902
  3. Jones v. SpringerSupreme Court of the United States · 1912
  4. Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
  5. Shaw v. . BroadbentNew York Court of Appeals · 1891

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