Andrews v. Smith

New York Supreme Court

Andrews v. Smith

9 Wend. 53

CourtNew York Supreme Court

DecidedMay 15, 1832

StatusPublished

Cited by20 cases

This text of 9 Wend. 53 (Andrews v. Smith) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrews v. Smith, 9 Wend. 53 (N.Y. Super. Ct. 1832).

Pincite

Opinion

By the Court,

Savage, Ch. J.

The only question in this case is whether a judgment before a justice, rendered upon a judgment before another justice, extinguishes the judgment first obtained. As to judgments in courts of record, this question has been settled in the negative. 11 Johns. Rep. 517, and cases there cited. 5 Wendell, 129, 222. The general principle of law governing in cases of this kind, and which applies to all securities, is, that a security of a higher nature extinguishes inferior securities, but not securities of an equal degree.

Judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court,

Savage, Ch. J.

The only question in this case is whether a judgment before a justice, rendered upon a judgment before another justice, extinguishes the judgment first obtained. As to judgments in courts of record, this question has been settled in the negative. 11 Johns. Rep. 517, and cases there cited. 5 Wendell, 129, 222. The general principle of law governing in cases of this kind, and which applies to all securities, is, that a security of a higher nature extinguishes inferior securities, but not securities of an equal degree.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

9 Wend. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-smith-nysupct-1832.

Opinion

Related

Cite This Page — Counsel Stack