Millard v. Missouri, Kansas & Texas Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 10, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 10, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below20 Hun, 191.) This action was brought to recover for the loss of certain merchandise, while being transported on defendant’s road, íhe facts proved were substantially these: On the 30th of April, 1873, the plaintiff and one William Brady purchased tickets and took passage on defendant’s road at St. Louis, Mo., for Dennison, Texas. Plaintiff had with him a valise,…
1Opinion of the CourtEarl, J.
The claim is made on the part of the appellant, that the rule, that where a party brings an action for a part-only of an entire, indivisible demand, and recovers judgment, he cannot subsequently maintain an action for another part of the same demand, was violated in the judgment rendered in this action.'
The facts, as the trial judge found them, or may be presumed in support of the judgment to have found them, are as follows: There were two contracts made with each, the plaintiff and his assignor, one with each to carry him and his baggage, and the other subsequently made to carry the chattels…
2Cases cited1 opinion
- Stoneman v. . Erie Railway CompanyNew York Court of Appeals · 1873
3Cited by7 opinions
- Humphreys v. PerrySupreme Court of the United States · 1893
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1884
- Saunders v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Wiener v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1932
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