Gray v. Richmond Bicycle Co.
New York Supreme Court
Aotioh on contract which, defendant pleads, was merged in judgment recovered in a court of competent jurisdiction in Indiana, and which judgment the plaintiff seeks to avoid, on the ground of defendant’s fraud.
1Opinion of the CourtMcAdam, J.
That a judgment operates as a merger of the cause of action on which it proceeds, transit in rem judicatum, is a proposition too elementary to require authority in its support. It matters not that the judgment was recovered in a sister state so long as the court in which it is obtained had jurisdiction of the subject-matter and the parties. Freeman on Judg. (4th ed.), § 221. Under the Federal Constitution (art. 4, § 1) and acts of Congress (act of May 26, 1790, U. S. Rev. Stat., p. 170, § 905, the judgment of every court of record in one state is entitled to full faith and credit in every…
2Cases cited4 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Smith v. . NelsonNew York Court of Appeals · 1875
- Hoffheimer v. StiefelNew York Supreme Court · 1896
- Jonasson v. EamesNew York Supreme Court · 1893