Siedenbach v. . Riley
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 December U, 1886, which modified, and affirmed as modified, a judgment in favor of defendant entered upon a verdict. This was an action to recover possession of certain rifles and “ spare-parts ” belonging thereto.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December U, 1886, which modified, and affirmed as modified, a judgment in favor of defendant entered upon a verdict. This was an action to recover possession of certain rifles and “ spare-parts ” belonging thereto. On the 13th day of February, 1879, Roderigo Toledo held some kind of agency for the government of Honduras, and on that day he entered into a contract with one Farington, in which he is described as “ R. Toledo, Esq., special commissioner of the Republic of…
1Opinion of the CourtEarl, J.
The plaintiff’s counsel makes the singular claim that the decision rendered by the General Term upon the first appeal, was res adjndieata between the parties, and was, therefore, binding and conclusive upon them in all the subsequent litigation, even in this court. That decision did not result in any judgment, and all that was decided thereby was that the verdict ought not to have been directed, and that the case should have been submitted to the jury. What was said in the opinion did not bind any one, not even the judge who wrote it. Every question of law raised in the court below appearing…
2Cases cited2 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
3Cited by25 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- Kaufman v. Simons Motor Sales Co.New York Court of Appeals · 1933
- Sayward v. NunanWashington Supreme Court · 1893
20 more not listed; retrieve them via the Exa API.