Dobson v. Pearce
The Superior Court of New York City
This was an action of debt on a judgment of this court, ren- ’ dered onthe 17th' day of April, 1847, for $612 93, in favor of James N. Olney against the defendant, and on the 11th day of September, 1850, assigned to the plaintiff. The complaint sets forth^the recovery of the judgment and the assignment to plaintiff.
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This was an action of debt on a judgment of this court, ren- ’ dered onthe 17th' day of April, 1847, for $612 93, in favor of James N. Olney against the defendant, and on the 11th day of September, 1850, assigned to the plaintiff. The complaint sets forth^the recovery of the judgment and the assignment to plaintiff. The answer sets up as a defence, that the judgment was obtained by fraud, and without any knowledge on the part of the defendant, or any opportunity to make a defence, he being a resident of the State of Connecticut, and for an alleged cause of action, utterly groundless. That on…
1Opinion of the CourtBy the Court. Duer, J.
with whom Campbell, J., concurred, delivered orally his opinion that a new trial ought to be granted. The grounds of this decision are those stated in the preliminary abstract.
Paine, J., dissented, and.delivered the following opinion:— On the trial of this cause, I certainly entertained and expressed a very decided opinion that the decree in Connecticut could not be used as a defence to this action. It struck me that a judgment of this court could not be impaired by anything done by a court sitting out of this state; and that to admit the decree from Connecticut as an estoppel, would be, in…
2Cases cited3 opinions
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Starbuck v. MurrayNew York Supreme Court · 1830
- Bicknell v. FieldNew York Court of Chancery · 1840
3Cited by4 opinions
- Smith v. HarrisonSupreme Court of Alabama · 1859
- Stone v. SpragueNew York Supreme Court · 1855
- Talcott v. RosenbergNew York Court of Common Pleas · 1870
- Van Buskirk v. WarrenNew York Supreme Court · 1859