Andrews v. Smith

Decided May 15, 1832

New York Supreme Court · decided 1832-05-15

Error from the marine court of New-York. Andrews obtained a judgment in one of the ward courts of New-York against Smith, on which he commenced a suit against Smith in a justice’s court in the county of Kings, and obtained judgment.

Good law ✅— No negative treatment on recordhow we know

Decided 1832-05-15

How this case has been cited

Cited by 12 later decisions — most recently February 1896

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Savage, Ch. J.

¶2The 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.

¶3Judgment reversed.