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Dobson v. Pearce

12 N.Y. 156 (1854)

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Dobson v. Pearce

New York Court of Appeals
12 N.Y. 156 (1854)

JL

Facts

Olney filed a lawsuit in New York against Pearce (defendant). Olney served Pearce with the lawsuit while Pearce was in New York. Olney then told Pearce that the lawsuit would be dismissed and no further action was needed. However, Olney proceeded to obtain a judgment against Pearce without Pearce’s knowledge. Two years later, Olney filed a lawsuit in Connecticut to collect on the judgment debt. Pearce responded by filing another lawsuit in Connecticut Chancery Court alleging that the judgment was based on a fraudulent lawsuit. The Connecticut court agreed and entered an injunction against Olney, restraining him from further prosecuting the judgment. Olney then assigned his claim to Dobson (plaintiff). Dobson filed another lawsuit against Pearce in New York.

Rule of Law

Issue

Holding and Reasoning (Allen, J.)

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