Thompson v. Monrow
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. Thompson filed his complaint against Monrow, stating that on the 11th of December, 1846, James M. Moore recovered judgment against the defendant, in the Court of Common Pleas of the County of New York, State of New York, for $1687.05, as appeared by the record thereof, proferí of an exemplified copy whereof was made; that on the 6th of October, 1850, Moore sold and assigned said judgment to the plaintiff; and…
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Appeal from the District Court of the Fourth Judicial District. Thompson filed his complaint against Monrow, stating that on the 11th of December, 1846, James M. Moore recovered judgment against the defendant, in the Court of Common Pleas of the County of New York, State of New York, for $1687.05, as appeared by the record thereof, proferí of an exemplified copy whereof was made; that on the 6th of October, 1850, Moore sold and assigned said judgment to the plaintiff; and that the judgment was still in full force, and unsatisfied; and praying judgment for said sum of $1687.05, with interest,…
1Opinion of the CourtJustice Heydeneeldt
According to the well settled doctrine of several of the highest Courts of other States, we must judicially know (presume ?) that the common law is the rule of decision in the other States, unless the contrary is expressly shown. It follows that, as no judgments at common law carried interest, none should be here allowed on a judgment rendered in the State of New York, where there is no evidence showing that the common law had been altered by statute of that State.
But in the record of the case now under consideration, it nowhere appears that the Court below did allow interest upon the…
2Cited by12 opinions
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- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Parnham v. ParnhamCalifornia Court of Appeal · 1939
- Rule of Pilcher v. AndersonSupreme Court of Louisiana · 1881
- Cavender v. GuildCalifornia Supreme Court · 1854
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