Guernsey v. Carver
New York Supreme Court
Error from Monroe common pleas. Carver sued Guernsey in a justice’s court, and declared against him on a book account, consisting of 7 items of merchandise, delivered between the 20th July and the 27th August, 1828, amounting^ together, to the sum of $2,35. The defendant pleaded the general issue and a former suit, for the same identical cause and Causes of action, and that such proceedings were had in such suit that it was adjudged by the justice before whom the suit was…
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Error from Monroe common pleas. Carver sued Guernsey in a justice’s court, and declared against him on a book account, consisting of 7 items of merchandise, delivered between the 20th July and the 27th August, 1828, amounting^ together, to the sum of $2,35. The defendant pleaded the general issue and a former suit, for the same identical cause and Causes of action, and that such proceedings were had in such suit that it was adjudged by the justice before whom the suit was tried, that the plaintiff should go thereof without day, and that the defendant should recover his costs of defence. Issue…
1Opinion of the Court
By the Court, Nelson, J.
It is perfectly settled in this court, that if a plaintiff bring an action for a part only of an entire and indivisible demand, the judgment in that action is a conclusive bar to a subsequent suit for another part of the same demand. Miller v. Covert, 1 Wendell, 487, and cases there cited. This case comes within the reason and spirit of *494taat principle. Ifle wnote account Ieing clue wijen the lirs suit was brought, it should be viewed in the light of an entir demand, incapable of division, for the purpose of prosecution The law abhors a multiplicity of suits. According…
2Cases cited1 opinion
- Miller v. CovertNew York Supreme Court · 1828
3Cited by40 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Perry v. . DickersonNew York Court of Appeals · 1881
- Bendernagle v. CocksNew York Supreme Court · 1838
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
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