Griffin v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9,1886, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by plaintiff, as receiver of the Southern Hempstead Branch Bailroad Company, to recover the value of the use by defendant of certain property of said railroad corporation.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9,1886, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by plaintiff, as receiver of the Southern Hempstead Branch Bailroad Company, to recover the value of the use by defendant of certain property of said railroad corporation. The complaint alleged plaintiff’s appointment as general receiver in sequestration proceedings by petition and motion under the…
1Opinion of the CourtMiller, J.
It is very clear, we think, that the defendant is estopped from, raising the question in this action' as to the legality of the appointment of the plaintiff as general receiver. The whole subject was presented in a previous action between the same parties and is res adjudieata. In the action referred to the appointment of plaintiff as general receiver was alleged in the complaint and denied by defendant’s answer in precisely the same language as in this action, and the same issue was framed and tried in that case as in the one now presented. It was found by the court in that case that the…
2Cases cited1 opinion
- Pray v. . HegemanNew York Court of Appeals · 1885
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- Drittel v. FriedmanDistrict Court, S.D. New York · 1945
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