MacDougall v. Hoes
New York Supreme Court
Suit upon a judgment recovered by the plaintiff against Leonard W. Jerome, June .13, 1882, in an action on contract, in the Hew York Court of Common Pleas, for $11,802.43. On July 12, 1882, • the judgment which had been obtained by reason of the defendant’s default, was so far opened as to permit him to come in and defend. the action, upon paying motion costs and stipulating to refer the action, conditions which were fully complied with.
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Suit upon a judgment recovered by the plaintiff against Leonard W. Jerome, June .13, 1882, in an action on contract, in the Hew York Court of Common Pleas, for $11,802.43. On July 12, 1882, • the judgment which had been obtained by reason of the defendant’s default, was so far opened as to permit him to come in and defend. the action, upon paying motion costs and stipulating to refer the action, conditions which were fully complied with. The order ■directs that the judgment stand “ as security.” An order of reference was thereupon made to-hear and determine, but no proceedings were taken…
1Opinion of the CourtMcAdam, J.
The plaintiff evidently brought his action under section 1913 of the Code, authorizing actions upon certain judgments, but the provisions of that section refer to final judgments *591upon which an execution may be issued. Hanover F. Ins. Co. v. Tomlinson, 3 Hun, 630; approved Matter of Van Beuren, 33 App. Div. l60. The judgment sued upon is in no sense final. The order permitting the defendant to come in and defend, though it permitted the judgment to stand as security, deprived it of all validity for any other purpose. It was left standing as a mere security for whatever amount the plaintiff…
2Cases cited1 opinion
- Mott v. . Union Bank of City of New YorkNew York Court of Appeals · 1867
3Cited by6 opinions
- Snow v. SnowAppellate Division of the Supreme Court of the State of New York · 1959
- Wenham v. International Packing Co.Illinois Supreme Court · 1904
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Grazi v. Douglaston Estates, Inc.Appellate Terms of the Supreme Court of New York · 1959
- D'Elisa v. RittondoNew York Supreme Court · 1919
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