Sherman v. . Grinnell
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered July 2, 1895, affirming a judgment entered upon a verdict directed for the defendánts. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of res adjudicata does not extend to process not expressly awarded by the judgment.
Read the full summary
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered July 2, 1895, affirming a judgment entered upon a verdict directed for the defendánts. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of res adjudicata does not extend to process not expressly awarded by the judgment. (Bigelow on Estoppel [5th ed.], 102, 103 ; Goodwin v. Griffis, 88 N. Y. 640.) An inquiry whether process is justified by judgment goes to the extent whether it rests upon any cause of action whatever. (Brownsville v.…
1Opinion of the CourtBabtlett, J.
The plaintiff seeks to recover damages for alleged false imprisonment under an execution against the person. The plaintiff is an attorney and counselor at law, residing in the city of Hew York, and the defendants Grinnell and Bowdoin are the executors of the will of the late Moses H. G-rinnell, formerly collector of the port of New York, although they are sued individually in this action.
The executors of Mr. Grinnell in 1883 made the plaintiff their attorney to collect from the United States government ■certain money due the testator from fines and penalties under provisions of law when…
2Cases cited2 opinions
- Culross v. . GibbonsNew York Court of Appeals · 1892
- Sherman v. GrinnellSupreme Court of the United States · 1892
3Cited by2 opinions
- Merriam v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1906
- Macedonia v. FontanelliNew York Supreme Court · 1958