Saxe v. Peck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred G-. Peck, from'an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bensselaer on the 7th day of March, 1910, upon the decision of the court after a trial at the Bensselaer Special Term. The action was commenced January 18, 1910, to recover upon a judgment for a sum of money. The complaint alleges that on the 10th day of July, 1895, one Ellen Gr.
Read the full summary
Appeal by the defendant, Alfred G-. Peck, from'an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bensselaer on the 7th day of March, 1910, upon the decision of the court after a trial at the Bensselaer Special Term. The action was commenced January 18, 1910, to recover upon a judgment for a sum of money. The complaint alleges that on the 10th day of July, 1895, one Ellen Gr. Saxe recovered a judgment in the Supreme Court of the State of New York against the defendant for the sum of $7,142.11, and that the judgment was…
1Opinion of the Court
Sewell, J.:
It is a well-settled rule in this State that a party has a right to .sue on any cause of action which he holds, and any statutory exception to that right must he distinctly expressed. (Goodyear Vulcanite Co. v. Frisselle, 22 Hun, 174.)
• The only statutory restrictions to an action upon a judgment for ' a sum of money, rendered' in a court of record of' this State, are contained in section 19Í3 of the Code of Civil Procedure. That section provides, among other things, that .an action upon such a judgment cannot he maintained between the original parties to the judgment unless ten…
2Cases cited2 opinions
- McGrath v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1897
- Wheeler v. DakinNew York Supreme Court · 1856
3Cited by11 opinions
- Estate of Hamilton v. City of New YorkCourt of Appeals for the Second Circuit · 2010
- Bank of Am., N.A. v. KesslerAppellate Division of the Supreme Court of the State of New York · 2021
- Lobbett v. GalpinAppellate Division of the Supreme Court of the State of New York · 1930
- Fenton v. Young Chevrolet Co.Supreme Court of Oklahoma · 1942
- Gould v. JacksonWisconsin Supreme Court · 1950
6 more not listed; retrieve them via the Exa API.