Legal Opinion

Davidson v. Smith

District Court, D. Wisconsin

Decided August 15, 1860PublishedCited by 1 opinion

This action was founded on a record of a judgment rendered in the circuit court of the United States, for the northern district of Illinois, July term, 1855, against the defendant, as a citizen of the state of Wisconsin, and in favor of the plaintiffs as citizens of Illinois. That suit was upon a record of a judgment in favor of the plaintiffs against the defendant rendered in September, 1854, in the supreme court of the state of New ' York, for the county of Chautauqua.

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This action was founded on a record of a judgment rendered in the circuit court of the United States, for the northern district of Illinois, July term, 1855, against the defendant, as a citizen of the state of Wisconsin, and in favor of the plaintiffs as citizens of Illinois. That suit was upon a record of a judgment in favor of the plaintiffs against the defendant rendered in September, 1854, in the supreme court of the state of New ' York, for the county of Chautauqua. The defendant pleads in bar, that the judgment of the court of the state of New York, was founded on his promissory note,…

1Opinion of the Court

MILLER, District Judge.

[The original debt was contracted by a promissory note! between parties in the state of New York, and payable in that state. The indorsees of the note recovered a judgment against the maker in a court of that state; and in a suit on that judgment record they, as citizens of the state of Illinois, recovered a judgment in the circuit court of the United States, in Illinois, against the defendant, who was afterwards discharged, and made an assignment as an insolvent debtor, as a resident of the state of New York, under a law of that state, returning in the schedule the…

2Cases cited4 opinions

  1. Steel v. SmithSupreme Court of Pennsylvania · 1844
  2. Van Hook v. WhitlockNew York Supreme Court · 1841
  3. Parkinson v. ScovilleNew York Supreme Court · 1838
  4. Mumford v. StockerNew York Supreme Court · 1823

3Cited by1 opinion

  1. G. Amsinck & Co. v. Springfield Grocer Co.Court of Appeals for the Eighth Circuit · 1925

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