Goddard v. Benson
New York Court of Common Pleas
Appeal from an order sustaining a demurrer. This action was brought by Joseph W. Goddard and Frederick E. Goddard, against Charles W. Crosby and John W. Benson, to recover $1,175.45, the value of certain raw silk which it was claimed defendants had converted to their own use. The answer was a general denial. The defendant Benson was allowed to put in a supplemental answer.
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Appeal from an order sustaining a demurrer. This action was brought by Joseph W. Goddard and Frederick E. Goddard, against Charles W. Crosby and John W. Benson, to recover $1,175.45, the value of certain raw silk which it was claimed defendants had converted to their own use. The answer was a general denial. The defendant Benson was allowed to put in a supplemental answer. This alleged that in November, 1860, judgment was recovered in an action brought in this court by Daniel Kempton against the present plaintiffs, in which they set up as a defence thereto, and litigated therein, the same…
1Opinion of the Court
By the Court.*—Daly, F. J.
Where the Code allows a - supplemental answer, it necessarily allows what is incident to such a pleading, the right to demur to it. This was the rule before the Code, where a plea was put in pids darrien. (Abbot a. Rugerly, Freem., 252.)
The demurrer was well taken. The answer did not allege, nor show, a verdict and judgment upon the same subject-matter between the parties to this suit or their privies. The rule is, that the same point or question, when once litigated and settled by a verdict and judgment, shall not be again contested in any subsequent controversy…
2Cases cited1 opinion
- Doty v. . BrownNew York Court of Appeals · 1850
3Cited by7 opinions
- Needham v. WrightIndiana Supreme Court · 1895
- Borgos v. PriceNew York Supreme Court · 1931
- Divine v. DuncanNew York Court of Common Pleas · 1877
- U. S. Life Insurance v. GageNew York Supreme Court · 1890
- Brennan v. BlathNew York Court of Common Pleas · 1871
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