Gibbons v. Bush Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Richard Gibbons, as surviving partner, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 23d day of February, 1905, upon the report of a referee dismissing the complaint upon the merits.
1Opinion of the Court
Hirschberg, P. J., Woodward, Hooker, Rich and Miller, JJ. concurred.
The following is the opinion of the referee:
Carr, Referee:
The motion to dismiss the complaint in this action lias been argued so elaborately and briefed by both counsel with so much industry that I feel it my duty to, make a short expression of the views which have determined my course in deciding the motion. This motion is made on two grounds, as follows: First, that the causes of action set up in the complaint of the plaintiff are barred ' by the judgment in a prior action brought by him against the same defendant. Second,…
2Cases cited3 opinions
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Koeppel v. MacbethAppellate Division of the Supreme Court of the State of New York · 1904
- Bush Co. v. GibbonsAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Gross v. R. & S. Outfitting Co.Appellate Terms of the Supreme Court of New York · 1913
- First Nat. Bank v. HollinsAppellate Division of the Supreme Court of the State of New York · 1914
- First National Bank v. HollinsAppellate Division of the Supreme Court of the State of New York · 1914