Reich v. . Cochran
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered January 6, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered January 6, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. When the second action between the parties is upon a different claim or demand, a former judgment is not a bar as to all matters which might have been litigated and decided therein; but in the second action such former judgment is a bar only as to the…
1Opinion of the CourtMartin, J.
On the twenty-fourth day of February, 1886, the trastees under the will3of William B. Astor leased to the plaintiff premises in the city of-Hew- York known as the Cambridge Hotel. Afterwards, and on or about the first day of May, 1887, the defendant loaned to the plaintiff several large amounts of money, to -secure the payment of which the plaintiff gave him his bonds and, executed to him mortgages upon such lease. On the first day of February, 1888, the plaintiff assigned the Astor lease to the defendant, and thereupon the defendant made and executed a sub-lease of the premises to the…
2Cases cited20 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Blair v. . BartlettNew York Court of Appeals · 1878
- Gates v. . PrestonNew York Court of Appeals · 1869
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Adams v. . Irving National BankNew York Court of Appeals · 1889
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3Cited by120 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Henry Modell & Co. v. MinisterNew York Court of Appeals · 1986
- Buck v. MuellerOregon Supreme Court · 1960
- Boorman v. DeutschAppellate Division of the Supreme Court of the State of New York · 1989
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