Wright v. Chapin
New York Supreme Court
Appeal from special term, New York county. Action by Edward Wright against Robert W. Chapin. From a judgment in favor of plaintiff for the sum of $26,750.61, defendant appeals.
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Appeal from special term, New York county. Action by Edward Wright against Robert W. Chapin. From a judgment in favor of plaintiff for the sum of $26,750.61, defendant appeals. The opinion of Mr. Justice INGRAHAM at special term is as follows : On the appeal to the general term from the judgment sustaining the demurrer there was but one question considered, and that was upon the right of the plaintiff to recover upon the judgment pleaded; and it was held that, the complaint having alleged that the judgment of a Canadian court was a personal judgment authorizing a recovery by the plaintiff of…
1Per curiam
The defendant seems to be greatly distressed by the fear that, in case he pays this judgment, the plaintiff may decamp with the money, and the defendant left to pay the Canadian judgment of a like amount. Should the defendant pay the Canadian judgment, and so relieve the plaintiff in this action from his liability on his covenant to George Goodwin, there might be a way found of reducing the present judgment by the amount paid on the Canadian judgment, without making double payment. The judgment should be affirmed, with costs, on the opinion of this court reported in 74 Hun, 521, 26 N. Y.…
2Cases cited1 opinion
- Wright v. ChapinNew York Supreme Court · 1893
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