O'Beirne v. . Lloyd
New York Court of Appeals
Appeal from the General Term of the Superior Court of the city of Hew York, affirming a judgment for plaintiff. In the year 1865, the defendant agreed with the plaintiff to pay him $400 per sheet for town or city maps, to be furnished by him on the order of the defendant, payable on the delivery of each sheet of any map so ordered.
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Appeal from the General Term of the Superior Court of the city of Hew York, affirming a judgment for plaintiff. In the year 1865, the defendant agreed with the plaintiff to pay him $400 per sheet for town or city maps, to be furnished by him on the order of the defendant, payable on the delivery of each sheet of any map so ordered. Under this agreement, the plaintiff made and furnished to the defendant six sheets of the city of Albany, and three of the city of Buffalo, and had partially made a fourth of the city of Buffalo when he was notified by the defendant to stop work. This notice was…
1Opinion of the CourtRapallo, J.
The demands set forth in the complaint in the action wThich was compromised, and the claim for which this action was brought, are admitted to have arisen under the same contract; and the latter claim, if valid, was due when the first action was brought. They, therefore, constituted an entire and indivisible cause of action, within the principle of the authorities cited by the counsel for the appellant, and which are collected and reviewed in the case of Secor v. Sturgis (16 N. Y., 548).
It is conceded, in the opinion of the court below, that, if the first action had proceeded to judgment, such…
2Cases cited1 opinion
- Secor v. . SturgisNew York Court of Appeals · 1858
3Cited by14 opinions
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- Griffin v. WallaceIndiana Supreme Court · 1879
- Indiana, Bloomington & Western Railway Co. v. KoonsIndiana Supreme Court · 1886
- Lee v. TaylorNew York Supreme Court · 1890
- Claflin & Kimball v. Mather Electric Co.Court of Appeals for the Second Circuit · 1899
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