Legal Opinion
Sullivan v. George Ringler & Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 1902PublishedCited by 4 opinions
Appeal from trial term, Kings county. Action by John J. Sullivan, trustee, against George Ringler & Co. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtGoodrich, P. J.
The only question involved in this appeal is whether a judgment between the same parties on the same subject-*979matter is res adjudicata, after an appeal from the judgment has been taken, and an undertaking given to stay execution. This question must be decided in the affirmative, on the authority of Parkhurst v. Berdell, 110 N. Y. 386, 18 N. E. 123, 6 Am. St. Rep. 384, where, at page 392, 110 N. Y., page 125, 18 N. E., 6 Am. St. Rep. 384, it was said:
“As it appears to have been material to establish in this action some oí the matters adjudicated in that in favor of Mrs. Parlchurst, it was…
2Cases cited4 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Sage v. HarpendingNew York Supreme Court · 1867
- Stevens v. StevensNew York Supreme Court · 1893
- Cummins ex rel. Mahan v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1888
3Cited by4 opinions
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