Hurwitz v. Hurwitz
New York Court of Common Pleas
Appeal from city court, general term. Action by Jacob Hurwitz against Caiman Hurwitz and Samuel Rouse for damages. From a judgment of the city court (30 H. Y. S. 208) affirming a judgment for plaintiff, defendants appeal.
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Appeal from city court, general term. Action by Jacob Hurwitz against Caiman Hurwitz and Samuel Rouse for damages. From a judgment of the city court (30 H. Y. S. 208) affirming a judgment for plaintiff, defendants appeal. The complaint states, and the evidence shows, that on 7th January, 1893, judgment was recovered by plaintiff against defendant Hurwitz for $617.90; that defendant Hurwitz was owner of $1,500 worth of goods; that in pursuance of a conspiracy between the defendants, on 9th January, 1893, Hurwitz fraudulently transferred the goods to Rouse, in order to defeat satisfaction of…
1Opinion of the CourtPbyoe, J.
If this action be well brought, then we have the anomaly of a debt secured by two distinct and successive judgments,—one against the debtor; the other against the debtor and the defendant Eouse, to whom no responsibility for the debt is pretended to be imputed. Satisfaction of the later judgment would not exonerate defendant Hurwitz from the prior judgment, nor would satisfaction of the prior judgment discharge defendant Eouse from the obligation of the judgment against him; for, although the original debt of the defendant Hurwitz be included in the second recovery, yet the two actions are…
2Cases cited11 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Benton v. PrattNew York Supreme Court · 1829
- Mahan v. BrownNew York Supreme Court · 1835
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
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3Cited by3 opinions
- Cunningham v. EdwardOhio Court of Appeals · 1936
- James v. PowellAppellate Division of the Supreme Court of the State of New York · 1966
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