Montrose v. Wanamaker
New York Supreme Court
Appeal from special term, Kings county. Action by Ambrose De V. Montrose, as assignee of E. A. St. John, against Súsan E. Wanamaker for an accounting of the partnership affairs of the firm of King & Wanamaker. When King withdrew from said firm, it was agreed that he should receive half of the commissions thereafter derived from sales for one Merritt and others. Plaintiff, as assignee of said King, recovered judgment against defendant in a former action (21 Abb.
Read the full summary
Appeal from special term, Kings county. Action by Ambrose De V. Montrose, as assignee of E. A. St. John, against Súsan E. Wanamaker for an accounting of the partnership affairs of the firm of King & Wanamaker. When King withdrew from said firm, it was agreed that he should receive half of the commissions thereafter derived from sales for one Merritt and others. Plaintiff, as assignee of said King, recovered judgment against defendant in a former action (21 Abb. N. C. 478) for the amount of the commissions then due. Prom a judgment for plaintiff defendant appeals.
1Opinion of the CourtPratt, J.
The first action between these parties resulted in a judgment, June, 1888, in favor of the plaintiff. Thereafter, and in April, 1889, St. John assigned to the plaintiff his claim against defendant, upon which the present action is based. The parties to the present suit are the same as in the first. To a certain extent the issues are the same, and, so far as the issues common to both suits were determined by the first trial, the decision then made is binding upon the parties here. Of this neither party can complain, as each has-had his day in court upon those issues, and may well be required,…
2Cases cited3 opinions
- O'Dougherty v. . Remington Paper Co.New York Court of Appeals · 1880
- McIntosh v. LownNew York Supreme Court · 1867
- Perry v. DickersonNew York City Court · 1880
3Cited by3 opinions
- Consolidated Fruit Jar Co. v. WisnerAppellate Division of the Supreme Court of the State of New York · 1899
- Borgos v. PriceNew York Supreme Court · 1931
- Smith v. Lehigh Zinc & Iron Co.New York Supreme Court · 1891