Franklin v. . Kidd
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, ■entered March 31,1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The witness Graydon would not gain or lose by the direct legal operation of a judgment in favor of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, ■entered March 31,1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The witness Graydon would not gain or lose by the direct legal operation of a judgment in favor of the defendant. (Connelly v. O'Connor, 117 N. Y. 91; Lecour v. I. & T. Nat. Bank, 61 App. Div. 163; Jones v. Thomas, 76 App. Div. 596; Wallace v. Straus, 113 N.…
1Opinion of the CourtCardozo, J.
This is an action to restrain the enforcement of a judgment.
Graydon made a note to the order of defendant’s testator, Kidd. Franklin indorsed it before delivery to the payee. The note was not paid, and the Bank of Hamilton, which had discounted it, recovered judgment against Franklin. Later Kidd, the payee, made payment to the hank and obtained an assignment of the judgment. Franklin now says that he indorsed the note for Kidd’s accommodation; that as between Kidd and himself, the former was the primary debtor; and that the judgment in Kidd’s hands is no longer an enforcible obligation. He…
2Cases cited15 opinions
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Hobart v. . HobartNew York Court of Appeals · 1875
- Church v. . HowardNew York Court of Appeals · 1880
- Blanchard v. . BlanchardNew York Court of Appeals · 1911
- Cary v. . WhiteNew York Court of Appeals · 1874
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3Cited by15 opinions
- Laka v. KrystekNew York Court of Appeals · 1933
- Stay v. HorvathAppellate Division of the Supreme Court of the State of New York · 1991
- In Re the Probate of the Will of McCullochNew York Court of Appeals · 1934
- Wittemann v. . SandsNew York Court of Appeals · 1924
- Friedrich v. MartinNew York Court of Appeals · 1945
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