Springer v. . Bien
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas of the city and county of New York, made November 10,1890, which denied a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The matter now in suit is res adjudicata.
Read the full summary
Appeal from order of the General Term of the Court of Common Pleas of the city and county of New York, made November 10,1890, which denied a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The matter now in suit is res adjudicata. (Griffin, v. L. I. R. R. Co., 102 N. Y. 449; Pray v. Hegeman, 89 id. 351.) The omission of the plaintiff in the first action to state fully the time during which compensation should be payable to Springer and the admission in the answer of the partial statement actually made is unimportant. (Cowing v.…
1Opinion of the CourtAndrews, J.
The sole' point relates to the effect of the judgment in the former action of the present defendants against the present plaintiff and others, as res adjudicata upon the question involved in this action.
This action is based upon an alleged employment of the plaintiff by the defendants under a contract that he was to act as their agent in procuring orders for their work, and was to receive as compensation ten per cent on all money realized by their firm, from orders so procured. The relief demanded was an accounting by the defendants of moneys received by them subsequent to March i, 1889, on…
2Cases cited1 opinion
- Webb v. . BuckelewNew York Court of Appeals · 1880
3Cited by34 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Lillis v. Emigrant Ditch Co.California Supreme Court · 1892
- Donahue v. New York Life InsuranceNew York Court of Appeals · 1932
- Oklahoma City v. McMasterSupreme Court of the United States · 1905
29 more not listed; retrieve them via the Exa API.