Hopedale Electric Co. v. Electric Storage Battery Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Electric Storage Battery Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 2d day of July, 1908, upon the verdict of a jury, and also from an order entered in said- clerk’s office on the 1st day of July, 1908, denying the defendant’s motion for a new trial made upon the minutes. '
1Opinion of the Court
Laughlin, J.:
The subject-matter of this litigation has been before the court in a former action brought by the plaintiff against the defendant. The first question presented by the appeal arises on the defendant’s plea that the judgment in the former action is a bar to this action. Both actions are based on the same contract, which was an agree ment in writing made between the parties on the 18th day of September, 1895. It is unnecessary to quote the contract; for it has been fully discussed in two opinions in this court delivered in the former action, and is set forth in full in an opinion of…
2Cases cited5 opinions
- Stanton v. . MillerNew York Court of Appeals · 1874
- Hopedale Electric Co. v. Electric Storage Battery Co.New York Court of Appeals · 1906
- Milliman v. HuntingtonNew York Supreme Court · 1893
- Hopedale Electric Co. v. Electric Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hopedale Electric Co. v. Electric Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by13 opinions
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- Rochester Plumbing Supply Co. v. A. Burgart, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Brooklyn Heights R. v. PloxinCourt of Appeals for the Second Circuit · 1923
- Bohenik v. Delaware & Hudson Co.Court of Appeals for the Second Circuit · 1931
- Ploxin v. Brooklyn Heights R.Court of Appeals for the Second Circuit · 1919
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