Jenner v. Shope
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Annie Jenner, administratrix of William J. Jenner, deceased, against Julian B. Shope. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
The only question presented for determination in this case is whether the judgment recovered in Jenner v. Shope, 205 N. Y. 66, 98 N. E. 325, is res judicata in this'action. Whether it is to be so considered depends upon whether it was determined in that action that Jenner & Co. consisted only of William J. Jenner.
We think that this issue was adjudicated in the former action, and that the prevailing opinion in the Court of Appeals shows that this issue was necessarily involved. It is true that Judge Haight dissented in that case, on the ground that there was no evidence that William J. Jenner,…
2Cases cited1 opinion
- Jenner v. . ShopeNew York Court of Appeals · 1912