Cornell v. Donovan
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered on a verdict rendered by direction of the court. In May, 1885, the defendant, Daniel Donovan, commenced an action in the City Court of New York against the plaintiff, Robert G. Cornell, and obtained an order of arrest on giving an undertaking signed by Donovan as principal and the other defendants herein as sureties.
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Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered on a verdict rendered by direction of the court. In May, 1885, the defendant, Daniel Donovan, commenced an action in the City Court of New York against the plaintiff, Robert G. Cornell, and obtained an order of arrest on giving an undertaking signed by Donovan as principal and the other defendants herein as sureties. A motion made at Special Term to vacate such order of arrest was denied, and on appeal to the General Term, the order denying the motion was affirmed; but on appeal…
1Opinion of the Court
Van Hoesen, J. —
A judgment is a contract of the highest class. An action upon a judgment is an action upon a contract (Taylor v. Root, 4 Abb. App. Dec. 382). The judgment -in the action of Donovan against Robert G. Cornell was, I think, available as a counterclaim in this action. It is said that a set-off cannot be valid if it could not be made the ground of an action. That is not the law of this state. The question was exhaustively considered in the case of Taylor v. Mayor &c. (82 N. Y. 10), and the Court of Appeals held that a claim might be a valid seLoff, though for some reason no action…
2Cases cited1 opinion
- Taylor v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
3Cited by9 opinions
- People Ex Rel. Reynolds v. . Common CouncilNew York Court of Appeals · 1893
- Merritt v. GouleyNew York Supreme Court · 1890
- Midland Co. v. BroatSupreme Court of Minnesota · 1892
- Wickham v. WeilNew York Court of Common Pleas · 1892
- Sterne v. TalbottNew York Supreme Court · 1895
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