Casey v. Leslie
Appellate Division of the Supreme Court of the State of New York
Action by Jeremiah Casey against Henry D. Leslie, as receiver. Defendant moves for a new trial, on exceptions ordered to be heard by the appellate division in the first instance.
1Opinion of the CourtAdams, J.
One of the propositions to which the attention of this court was directed upon the argument of the defendant’s motion was that the precise question sought to be litigated in this action was determined by the New Jersey court of chancery, in the proceedings had in that court, and that, consequently, it is now res adjudicata. This suggestion is one which would certainly merit and receive careful consideration at our hands, did we regard the issue which it presented as one which it can be fairly said was litigated and disposed of at the trial term, for it is undoubtedly true that if the…
2Cases cited5 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- People v. RathbunNew York Supreme Court · 1839
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Malin v. KinneyNew York Supreme Court · 1803
- New York & N. J. Telephone Co. v. Metropolitan Telephone & Telegraph Co.New York Supreme Court · 1894