Hoffman v. Newell
The Superior Court of the City of New York and Buffalo
Action by Cornelius Hoffman against Theodore Hewell and Charles H. Wight. Defendant Wight moves to strike from the complaint allegations of the recovery of a joint judgment against defendants in.the courts of Hew Jersey, on the service of process against Hewell alone. Granted.
1Opinion of the CourtMcAdam, J.
This court, in deciding the former application, said: “ The defendant Wight is correct in his contention that the judgment rendered by the court of a foreign state against Hewell and Wight, as partners, adjudging that the same is collectible out of the • joint ’ property of both defendants, and the • individual ’ effects of Hewell, the one served with process, cannot be made the basis of an action in the courts of this state against Wight, over whom the foreign court never obtained jurisdiction.” The doctrine stated is now.reaffirmed. The plaintiff, while admitting the general proposition…
2Cases cited14 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Borden v. FitchNew York Supreme Court · 1818
- Shumway v. StillmanNew York Supreme Court · 1831
- Rigney v. . RigneyNew York Court of Appeals · 1891
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3Cited by1 opinion
- Republic Aluminum Company, Formerly Bauer Aluminum Co. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1968