Birckhead v. Brown
The Superior Court of New York City
This was an action of assumpsit against the defendants as partners, composing the firm of Brown, Brothers & Co. It was tried before Mr. Justice Yanderpool on the 29th June, Í848; and after the evidence on both sides had been given, the jury, by consent, found a verdict for the plaintiffs for the sum of $40,000, subject to adjustment, and subject to the decision of the court upon a case to be made by the plaintiffs, with liberty to either party to turn the same into a bill of…
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This was an action of assumpsit against the defendants as partners, composing the firm of Brown, Brothers & Co. It was tried before Mr. Justice Yanderpool on the 29th June, Í848; and after the evidence on both sides had been given, the jury, by consent, found a verdict for the plaintiffs for the sum of $40,000, subject to adjustment, and subject to the decision of the court upon a case to be made by the plaintiffs, with liberty to either party to turn the same into a bill of exceptions or special verdict. The cause now came On to be heard upon the case so made. The plaintiffs claimed to…
1Opinion of the Court
By the Court.
Duer, J.
The questions first to be consi*140dered are, whether the plaintiffs are not precluded from asserting their present claim by the judgment of the supreme court in the former suit, and whether, upon the supposition that the judgment of the supreme court has not created an estoppel, it ought not still to be regarded by us, upon the salutary principle that it is the duty of judges “ stare decisis,” as a precedent of controlling authority. These questions are preliminary in their nature, and if either of them must be determined in favor of the defendants, it will be needless to…
2Cases cited5 opinions
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Bouchaud v. DiasNew York Supreme Court · 1846
- Burt v. SternburghNew York Supreme Court · 1825
- Strohmier v. StumphIndiana Superior Court · 1873
- Champlin v. RowleyNew York Supreme Court · 1837
3Cited by12 opinions
- Houston Terminal Land Co. v. WestergreenTexas Supreme Court · 1930
- Rio Bravo Oil Co. v. HebertTexas Supreme Court · 1937
- Greenup v. CrooksIndiana Supreme Court · 1874
- Littleton v. RichardsonSupreme Court of New Hampshire · 1856
- Bougher v. ScobeyIndiana Supreme Court · 1863
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