Dorman v. Arkin
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Nathan Dorman and another against David W. Arkin. From a judgment for defendant on a trial before the court without a jury, plaintiffs appeal.
1Opinion of the CourtGiegerich, J.
A previous action between the same parties for the same cause—i. e., the agreed price of goods sold and delivered by the plaintiffs to the defendant, amounting to $128.66—was by the stipulation of the attorneys of record therein for1 the respective parties "marked settled and discontinued without costs to either party” upon delivery by the defendant of his check for $25.73 to the plaintiffs’ attorney in such former action, and such disposition of the prior action is pleaded by the defendant as a bar to the present one. It was conceded by the defendant upon the trial of the present action that…
2Cases cited3 opinions
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
- Hopkins v. ClarkAppellate Division of the Supreme Court of the State of New York · 1896
- Burnham v. LawsonAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Hernlund v. Town & Country Motors, Inc.Supreme Court of Minnesota · 1924