Blum v. Hartman
New York Court of Common Pleas
Appeal by the plaintiffs from a judgment of the Fifth District Court. This ’was an action for goods sold and delivered, and the answer was general denial, and accord and satisfaction. The facts sufficiently appear in the opinion.
1Opinion of the Court
By the Court.
Daly, F. J.
Where the merits are fairly
entered into, investigated, and the case is finally submitted to the justice, who gives a judgment for the defendant, it is conclusive upon the plaintiff, a bar to another action, and a final determination, from which an appeal will lie to this court (Hess v. Beekman, 11 Johns. 458; Shall v. Lathrop, 3 Hill, 237; Audubon v. Excelsior Ins. Co., 10 Abbotts’ Pr. 64). Such was the case here. Evidence was given by the plaintiffs and the defendant. The case was submitted to the justice, who rendered judgment for the defendant without costs. It is…
2Cases cited6 opinions
- Elwell v. M'QueenNew York Supreme Court · 1833
- Clow v. BorstNew York Supreme Court · 1810
- Daniels & Lamont v. HallenbeckNew York Supreme Court · 1838
- Geary v. PageThe Superior Court of New York City · 1862
- Monnell v. WellerNew York Supreme Court · 1806
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Smith v. McMillanNew York Supreme Court · 1895
- Bennett v. HillSupreme Court of Rhode Island · 1884