Reformed Protestant Dutch Church of Westfield v. Brown
New York Supreme Court
APPEAL by the plaintiff, from a judgment entered upon the report of a referee, dismissing the complaint. This was an action commenced against the defendant, Susan D. Brown, executrix, widow, sole legatee and next of kin of David Brown, deceased, to recover three several yearly subscriptions of one hundred dollars each, due and unpaid, upon a certain instrument or agreement in writing, executed by said David Brown in his lifetime.
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APPEAL by the plaintiff, from a judgment entered upon the report of a referee, dismissing the complaint. This was an action commenced against the defendant, Susan D. Brown, executrix, widow, sole legatee and next of kin of David Brown, deceased, to recover three several yearly subscriptions of one hundred dollars each, due and unpaid, upon a certain instrument or agreement in writing, executed by said David Brown in his lifetime. The action was referred to John T. Hoffman, Esq., as sole referee, who found the following facts: 1st. That the plaintiff, at the time of the commencement .of this…
1Opinion of the Court
By the Court,
Clerke, P. J.
In order to avoid multiplicity of actions, the law forbids that a cause of action shall be split up for the purpose of bringing several actions. But when several claims payable at different times arise out of the same contract or transaction, separate actions can be brought as each liability enures. Still, however, if no action is brought until more than one is due, all that are due must be included in one action; and if an action is brought when more than one is due, a recovery in the one first brought will be an effectual bar to a second action, brought to recover…
2Cases cited1 opinion
- Beach v. . CrainNew York Court of Appeals · 1848
3Cited by22 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Jarrett v. . SelfSupreme Court of North Carolina · 1884
- Puckett v. National Annuity Ass'nMissouri Court of Appeals · 1908
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