Dobson v. Pearce

12 N.Y. 156 (1854)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A judgment was rendered against Pearce (D) for $612.93 in favor of Olney in April 1946. A new suit was commenced on September 26, 1850, alleging an assignment of the monies to Dobson (P) just previous to the commencement of the April action. D answered the second suit claiming that Olney has no just or legal demand against him when the original capias was served and that Olney assured him by misrepresentation that after the capias was served that he should not worry and not appear. Olney got the judgment without the knowledge D. Olney then started an action on the debt in the superior court of Connecticut and D then started an action in chancery in Connecticut alleging that the judgment was procured by fraud and asking the court to perpetually enjoin Olney from further prosecution. The chancery court declared the judgment fraudulent and perpetually enjoined Olney from further prosecution. The court also ruled that the pretended assignment to P was made after the decree with full knowledge of it. The Connecticut judgment was rendered on September 10, 1850. P denied these facts in his New York suit. A trial by jury was held in New York, and P proved the first New York judgment and the assignment by Olney to P. D then entered into evidence the duly authenticated copy of the court ruling from Connecticut. D got the verdict, and it was affirmed by the superior court. P then appealed.