Titus v. Wallick
Annotate this Case
306 U.S. 282 (1939)
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U.S. Supreme Court
Titus v. Wallick, 306 U.S. 282 (1939)
Titus v. Wallick
Argued January 30, 1939
Decided February 27, 1939
306 U.S. 282
1. The right to enforce in a state court a judgment recovered in a court of another State is one arising under Article IV, § 1, of the Constitution and under a statute of the United States, R.S. § 905; 28 U.S.C. § 687. Since the existence of this right depends upon the legal effect of the proceedings, and the validity of the judgment, in the State in which it was rendered, the rulings upon those matters by the court in which the judgment is sued upon are reviewable by this Court. P. 306 U. S. 287.
2. By the law of New York, an assignment of a chose in action for the purpose of suit only and obligating the assignee to account for the proceeds to another enables the assignee to sue in his own name. P. 306 U. S. 288.
3. This effect of an assignment in New York is not altered by adding to the assignment a power of attorney to bring the suit. P. 306 U. S. 289.
4. After recovering a judgment as lawful assignee of the original cause of action, the judgment creditor resisted a claim upon contract for a share of the judgment, made in another suit, by representing that his interest had been assigned to others before the contract and by concealing the fact that the cause of action
had been reassigned to him for purposes of suit before the action resulting in the judgment had been begun. Held not matter of defense in a suit to collect the judgment in another State, because these circumstances did not impair the previous assignment of the cause of action or deprive the judgment creditor of the authority to maintain the suit, already conferred upon him by the reassignment. P. 306 U. S. 290.
5. When a state court refuses credit to the judgment of a sister State because of its opinion of the nature of the cause of action or the judgment in which it is merged, an asserted federal right is denied, and the sufficiency of the grounds of denial are for this Court to decide. P. 306 U. S. 291.
6. The Constitution, Article IV, § 1, requires that credit be given money judgment recovered by the judgment creditor, as assignee of a civil cause of action, in another State, even though the forum might have declined to concede his right to sue as real party in interest if the suit had been brought there upon the original assigned claim. P. 306 U. S. 291.
133 Ohio St. 612; 15 N.E.2d 140, reversed.
Certiorari, 305 U.S. 585, to review a judgment of the court below, which dismissed, as involving no debatable constitutional question, an appeal from an intermediate appellate court of Ohio, which had affirmed a judgment against the present petitioner in his suit on a New York judgment.