Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1900, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the dissenting opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1900, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the dissenting opinion. The defendants were erroneously allowed to put in evidence as res adj'udicatet the whole of the record of a former 'suit between these parties. (Genet v. D. & H. C. Co., 122 N. Y. 600; 163 N. Y. 177.) The judgment in the…
1Opinion of the Court
Parker, Ch. J.
The court erred in admitting in evidence the judgment roll in the former action between these parties entered on a dismissal of the complaint ordered by this court on appeal and reported in 122 N. Y. 505, inasmuch as it is not expressly declared in the judgment that it was rendered upon the merits and it does not so appear 'in the judgment roll. It is not sufficient for a party who sets up a prior judgment as a bar or seeks to introduce it as conclusive evidence to produce a record showing a judicial determination in his favor of the question in litigation. He must further show,…
2Cases cited9 opinions
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Springer v. . BienNew York Court of Appeals · 1891
- Genet v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1900
- Converse v. . SicklesNew York Court of Appeals · 1895
- Shaw v. . BroadbentNew York Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Bennetts v. Silver Bow Amusement Co.Montana Supreme Court · 1922
- Hand's CaseSupreme Court of Pennsylvania · 1920
- Hollenbeck v. Ætna Casualty & Surety Co. of Hartford, ConnecticutAppellate Division of the Supreme Court of the State of New York · 1926
19 more not listed; retrieve them via the Exa API.