Gates v. . Preston
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial district (Potteb, J., dissenting), affirming a judgment of the Special Term overruling a demurrer by the plaintiff to a supplemental answer.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial district (Potteb, J., dissenting), affirming a judgment of the Special Term overruling a demurrer by the plaintiff to a supplemental answer. This action was brought against the defendant, a physician and surgeon, for the recovery of damages resulting from his unskillful and negligent treatment of a dislocated elbow and fractured arm of the plaintiff, laying the amount at §5,000. Subsequent to its commencement and after an answer was put in by the defendant, he commenced an action before a justice of the…
1Opinion of the CourtLott, J.
As a general rule, the judgment of a court of concurrent jurisdiction directly upon the point, is as a plea, a bar, or as evidence, conclusive between the same parties upon the same question, in another court.
That was the rule laid down in the Duchess of Kingston’s case (20 Howell St. Tr., p. 538), and is not questioned in any of the authorities cited by the counsel of the plaintiff, nor by the learned justice delivering the dissenting opinion in this case.
They, however, contend and insist that it applies only to cases where there has been an issue, and that in the language of the plaintiff’s…
2Cited by72 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Reich v. . CochranNew York Court of Appeals · 1896
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Blair v. . BartlettNew York Court of Appeals · 1878
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