Gray v. . Richmond Bicycle Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 5,1899, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 5,1899, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. This action was brought upon a promissory note for the sum of $1,493.13 made by the “ Richmond Bicycle Company,” a corporation' of Indiana, to the order of “ AllertonClarke Co.,” a corporation of Illinois, dated August 14tli, 1897, payable 60 days thereafter and transferred to the plaintiff after maturity. The defense alleged was a…
1Opinion of the CourtVann, J.
A cause of action is merged in a judgment rendered upon it, not only for the reason that a judgment is of a higher nature, but because it would be vexatious to the one party and of no benefit to the other to permit the recovery of two judgments against the same person for one debt. (Davies v. Mayor, etc., of N. Y, 93 N. Y. 250, 254; Nicholl v. Mason & Spaulding, 21 Wend. 339; Wayman v. Cochrane, 35 Ill. 152; Hogg v. Charlton, 25 Penn. St. 200; Marshall v. Stewart, 65 Ind. 243 ; Freeman on Judgments, § 215 ; 15 Amer. & Eng. Encyclo. of Law [1st ed.], 336.) As a judgment of a court in any state…
2Cases cited11 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hunt v. . HuntNew York Court of Appeals · 1878
- Bagley v. . BoweNew York Court of Appeals · 1887
- Hickey v. . MorrellNew York Court of Appeals · 1886
- Wayman v. CochraneIllinois Supreme Court · 1864
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- Black v. ChittendenNew York Court of Appeals · 1986
- Tamimi v. TamimiAppellate Division of the Supreme Court of the State of New York · 1972
- Mottu v. Davis.Supreme Court of North Carolina · 1909
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