Legal Opinion

Burt v. Lustig

The Superior Court of New York City

Decided January 11, 1892Published

Statement of the Case by the Court. On January 19, 1885, Frederick A. Baldwin and two others recovered a judgment against Ira E. Doying and Thomas H. Beekman, impleaded with Willet Bronson for §1,978.36. On June 5, 1885, the judgment passed by assignment to Wm. A. Davis. The judgment was affirmed upon appeal to the general term, and judgment of affirmance entered March 4, 1886, for §96.94 costs. On June 6, 1887, the two judgments were assigned by Davis to Alvin Burt.

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Statement of the Case by the Court. On January 19, 1885, Frederick A. Baldwin and two others recovered a judgment against Ira E. Doying and Thomas H. Beekman, impleaded with Willet Bronson for §1,978.36. On June 5, 1885, the judgment passed by assignment to Wm. A. Davis. The judgment was affirmed upon appeal to the general term, and judgment of affirmance entered March 4, 1886, for §96.94 costs. On June 6, 1887, the two judgments were assigned by Davis to Alvin Burt. The assignment transfers the judgments and all sums of money that may be had by means thereof, or any proceedings to be had…

1Opinion of the Court

By the Court.—McAdam, J.

Three results followed the assignment to Alvin Burt. First. He became the owner of the judgment, and of all securities for its payment, the latter as incidents following the principal, Thomas v. Hubbell, 35 N. Y., 120; Bowdoin v. Colman, 6 Duer, 182; Jackson v. Losee, 4 Sandf. Ch., 381; Morange v. Mudge, 6 Abb., 243; Campbell v. Birch, 60 N. Y., 214. Second. He became entitled to continue the action for his own benefit in the names of the original plaintiffs, Code, § 756; Bolen v. Crosby, 49 N. Y., 183. Third. He became liable for the costs as the party for whose…

2Cases cited5 opinions

  1. Bolen v. . CrosbyNew York Court of Appeals · 1872
  2. Campbell v. . BirchNew York Court of Appeals · 1875
  3. Thomas v. . HubbellNew York Court of Appeals · 1866
  4. Bowdoin v. ColemanThe Superior Court of New York City · 1856
  5. Wehle v. . SpellmanNew York Court of Appeals · 1879

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