Raisig v. Graf
Superior Court of Pennsylvania
Appeal, No. 151, April T., 1901, by defendant, from judgment of C. P. No. 2, Allegheny County, July T., 1899, No. 268, on verdict for plaintiff in case of L. A. Raisig & Company for use of W. I. Mitchell v. P. L. Graf. Assumpsit on an account. Before Frazer, P. J. At the trial it appeared that at one time the defendant was the bookkeeper of Raisig & Company and in the books of the firm he kept a personal account.
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Appeal, No. 151, April T., 1901, by defendant, from judgment of C. P. No. 2, Allegheny County, July T., 1899, No. 268, on verdict for plaintiff in case of L. A. Raisig & Company for use of W. I. Mitchell v. P. L. Graf. Assumpsit on an account. Before Frazer, P. J. At the trial it appeared that at one time the defendant was the bookkeeper of Raisig & Company and in the books of the firm he kept a personal account. In December, 1893, the firm made an assignment for creditors to W. I. Mitchell. In April, 1898, Mitchell brought an action against Graf to recover $200, the amount of a check which…
1Opinion of the Court
Opinion by
Orlady, J.,
There is no rule of legal practice of higher value than that which arrests the strife of litigation by declaring that one suit and judgment is- an end of controversy as to all matters in issue, and which ought to have been put in issue: Rockwell v. Langley, 19 Pa. 502. Where the evidence in the second suit would have been equally available in the first suit, then the verdict and judgment in the first is an absolute bar to any recovery in the second: Logan v. Caff rey, 30 Pa. 196 : Hill v. Joy, 149 Pa. 243; Pennock v. Kennedy, 153 Pa. 579; Amrhein v. Quaker City Dye Works,…
2Cases cited10 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Bolton v. HeySupreme Court of Pennsylvania · 1895
- Myers v. Kingston Coal Co.Supreme Court of Pennsylvania · 1889
- Bell v. County of AlleghenySupreme Court of Pennsylvania · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Nevling v. Commercial Credit Co.Superior Court of Pennsylvania · 1944
- Ocean Accident & Guaranty Co. v. United States Fidelity & Guaranty Co.Arizona Supreme Court · 1945
- Burt v. North Philadelphia Trust Co.Superior Court of Pennsylvania · 1911
6 more not listed; retrieve them via the Exa API.