Legal Opinion

Nazro v. McCalmont Oil Co.

New York Supreme Court

Decided May 15, 1885Published

'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

  1. Donnelly v. . CorbettNew York Court of Appeals · 1852
  2. Humphrey v. PersonsNew York Supreme Court · 1857

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