McDonald v. . Davis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 9, 1S85, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was upon a judgment, the nature of which and the material facts are stated in the opinion. The fact that the original claim has "been reduced to judgment, does not merge it in the judgment. The judgment is not a new debt.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 9, 1S85, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was upon a judgment, the nature of which and the material facts are stated in the opinion. The fact that the original claim has "been reduced to judgment, does not merge it in the judgment. The judgment is not a new debt. (Clark v. Rowling, 3 N. Y. 216; Monroe v. Upton, 50 id. 598; Dresser v. Brooks, 3 Barb. 429; In re Brown, 3 Nat. B’k Reg. 145 ; In…
1Opinion of the CourtPeckham, J.
The judgment sued on herein was obtained in the State of California against defendant, intermediate the commencement by him of voluntary proceedings in bankruptcy in that State and the granting of the discharge therein. The judgment was founded upon a debt which existed at the time the bankruptcy proceedings were commenced, which debt was provable and was in fact proved in the bankruptcy proceedings. Under the bankrupt act of 1841 this court held that a discharge 'in bankruptcy operated upon such a judgment. (Clark v. Rowling, 3 N. Y., 216.)
The ground upon which that decision rested was that…
2Cases cited5 opinions
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Hill v. HardingSupreme Court of the United States · 1883
- Clark v. . RowlingNew York Court of Appeals · 1850
- Monroe v. . UptonNew York Court of Appeals · 1872
- Revere Copper Co. of Boston v. . DimockNew York Court of Appeals · 1882
3Cited by8 opinions
- Attorney General v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1907
- Smith v. BroderickCalifornia Supreme Court · 1895
- Hagner v. HallAppellate Division of the Supreme Court of the State of New York · 1896
- Litchfield v. City of BrooklynNew York City Court · 1895
- Whyte v. McGovernSupreme Court of New Jersey · 1889
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