Majority
p. 236Levi P. Morton et al., Resp’ts, v. Charles P. Palmer, App’lt. (Supreme Court, General Term, First Department, Filed June 12, 1891.)
Headnote
Judgment—Action on—Code Crv. Pbo., § 1913.Code Civ. Pro., § 1913, forbidding the maintenance of an action between the original parties to a judgment of a court of record, has no application to a judgment recovered in the circuit court of the United States.
Appeal from order of special term, New York county, overruling demurrer as frivolous and directing judgment for the plaintiff, and from the judgment entered thereon.
Forster & Speir, for app’lt; Robinson, Bright, Biddle & Ward, for resp’ts.
—We see no reason for interfering with the order made by the court below. The rule is well settled that a, party has a right to sue on any cause of action which he holds, and any statutory exception to that right must be definitely expressed.
The only statutory restriction to which our attention has been called, and which we have been able to find, is § 1913 of the Code, which applies only to judgments rendered in a court of record in this state. This clearly has no application to a judgment recovered in the circuit court of the United States, as has been distinctly held in the case of the Goodyear Dental Vulcanite Co. v. Frisselle, 22 Hun, 174 .
The judgment and order should be affirmed, with costs.
Patterson, J., concurs.