Cormier v. Constantine
City of New York Municipal Court
The action was originally commenced by William M. Johnson and others, composing the firm of Johnson Bros., who obtained judgment by default against the defendant ¡November 10, 1882, for $245.22. On December 28, 1887, the judgment was assigned to Richard Baer, for the nominal consideration of $1. On March 8, 1888, the default was opened, and the defendant allowed to come in and defend.
Read the full summary
The action was originally commenced by William M. Johnson and others, composing the firm of Johnson Bros., who obtained judgment by default against the defendant ¡November 10, 1882, for $245.22. On December 28, 1887, the judgment was assigned to Richard Baer, for the nominal consideration of $1. On March 8, 1888, the default was opened, and the defendant allowed to come in and defend. On October 23,1888, Baer assigned the judgment to Francis C. Cormier, the present plaintiff, for the nominal consideration of $1. On ¡November 17, 1888, an order was made, continuing the action in the name of…
1Opinion of the CourtMcAdam, C. J.
Johnson Bros, allowed Cormier to appear as the absolute owner of the judgment, and their counsel had him substituted as plaintiff of record, the effect of which was that if the defendant succeeded Cormier would have become the judgment debtor, and Johnson Bros, would have nothing to pay. When the judgment was recovered by Cormier it seems to have been assigned back to Johnson Bros., so that, if there is any money to collect, they are to get it. Under such circumstances neither the plaintiff nor Johnson Bros, are entitled to anything more than their strict legal rights. The defendant held the…
2Cases cited2 opinions
- Chamberlin v. DayNew York Supreme Court · 1824
- Utica Insurance v. PowerNew York Court of Chancery · 1831
3Cited by1 opinion
- Merritt v. GouleyNew York Supreme Court · 1890