Nazro v. McCalmont Oil Co.
New York Supreme Court
'Appeal from an order of tibíe Special Term, denying a motion to vacate an attachment issued in an action brought upon a judgment recovered in the State of Pennsylvania.
1Opinion of the Court
Davis, P. J".:
We think a judgment is a contract, “ express or implied,” within the meaning of section 635 of the Code of Civil Procedure. (Humphrey v. Persons, 23 Barb., 318; Donnelly v. Corbett, 7 N. Y., 500; Saddlesvene v. Arms, 32 id., 280.)
The assignment of the judgment in this case by the Mechanics’ National Bank of Pittsburgh to the plaintiff, appears to have been ■sufficient to carry title and to vest the plaintiff with whatever right of action existed upon the judgment. It is altogether probable that it was made to enable a suit to be brought in this State, which the bank, as a…
2Cases cited2 opinions
- Donnelly v. . CorbettNew York Court of Appeals · 1852
- Humphrey v. PersonsNew York Supreme Court · 1857