Negley v. Counting-Room Co.
City of New York Municipal Court
1Opinion of the CourtMcAdam, C. J.
Judgment was taken against the defendant by default. It was subsequently, upon motion, so far opened as to permit the defendant to come in and defend upon the merits, the judgment in the meantime to stand as security. The action was afterwards tried and a verdict was rendered in favor of the plaintiff, on which he entered a fresh judgment for the amount of the recovery, with costs, as taxed. The defendant insists that this practice is irregular as there cannot be two judgments for the same debt. But the claim is without force or merit, as the first judgment is merely collateral to the other…
2Cases cited4 opinions
- Mott v. . Union Bank of City of New YorkNew York Court of Appeals · 1867
- Blodget v. Conklin & ArnoldNew York Supreme Court · 1854
- Ford v. WhitridgeNew York Court of Common Pleas · 1859
- Mott v. Union BankThe Superior Court of New York City · 1861