Perry v. . Dickerson
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, in favor of plaintiff, entered upon an order made March 30, 1880, reversing an order of Special Term, which granted a motion for a new trial. This action was brought to recover wages and commissions alleged to have been earned under a contract of employment. Defendants pleaded a former suit in bar.
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Appeal from judgment of the General Term of the City Court of Brooklyn, in favor of plaintiff, entered upon an order made March 30, 1880, reversing an order of Special Term, which granted a motion for a new trial. This action was brought to recover wages and commissions alleged to have been earned under a contract of employment. Defendants pleaded a former suit in bar. It appeared that in June, 1878, plaintiff entered into defendants’ employment under a contract for one year at a weekly salary of $12, and a commission upon articles manufactured. He was discharged in February, 1879, and…
1Opinion of the CourtAndrews, J.
To sustain the plea of a former judgment in bar of a second action, it must appear that the cause of action in both suits is the same, or that some fact essential to the maintenance of the second action, was in issue and determined in the first action, adversely to the plaintiff. In order to establish an identity between the causes of action in the two suits, it is not necessary that the claim made in the first action, embraced the same items sought to be recovered in the second. It is sufficient to bring the second action within the estoppel of the former judgment, that the cause of action…
2Cases cited8 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Bendernagle v. CocksNew York Supreme Court · 1838
- Guernsey v. CarverNew York Supreme Court · 1832
- Phillips v. BericicNew York Supreme Court · 1819
- Farrington v. PayneNew York Supreme Court · 1818
3 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Reilly v. ReidNew York Court of Appeals · 1978
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- Cook v. . ConnersNew York Court of Appeals · 1915
- Eastland County v. DavissonTexas Commission of Appeals · 1929
91 more not listed; retrieve them via the Exa API.