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Cowans v. Ticonderoga Pulp & Paper Co.

246 N.Y. 603 Court N.Y. Decision date 1927-11-22 English

Contents

Majority

p. 603
Percy P. Cowans et al., Respondents, v. Ticonderoga Pulp and Paper Company, Appellant.

Headnote

Judgment — comity — conclusiveness of foreign judgment.
Cowans v. Ticonderoga P. & P. Co., 219 App. Div. 120 , affirmed.
(Argued October 20, 1927;
decided November 22, 1927.)
Appeal from a judgment, entered February 3, 1927, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of Special Term denying a motion by plaintiffs for judgment on the pleadings and granted said motion. The action was brought to recover on a money judgment recovered by plaintiffs against defendant in the Province of Quebec. Defendant contended that the judgment was only prima facie evidence against which any defense which could have been used at the trial in the foreign court was available to defeat recovery here. The Appellate Division held that the foreign judgment was conclusive.
William C. Cannon, John W. Davis, William R. Carlisle and Frank B. Wickes for appellant.
Samuel Seabury and Thomas B. Cotter for respondents.
p. 604
Judgment. affirmed, with costs, on opinion of Van Kirk, J., below.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.