MacAffer v. Boston & Maine Railroad
New York Court of Appeals
The judgment in the 1916 action is conclusive in this action. (Mygatt v. Coe, 124 N. Y. 212; Bigelow v. Old Dominion Copper Co., 225 U. S. Ill; Pringle v. Woolworth, 90 N. Y. 502; Matter of Delaney, 256 N. Y. 315; Pittsburg Carbon Co. v. McMillin, 119 N. Y. 46.) One who as plaintiff has gone into court, invoked its jurisdiction and brought in such parties as were deemed proper, cannot complain that the court determined all the questions needful for a proper disposition of…
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The judgment in the 1916 action is conclusive in this action. (Mygatt v. Coe, 124 N. Y. 212; Bigelow v. Old Dominion Copper Co., 225 U. S. Ill; Pringle v. Woolworth, 90 N. Y. 502; Matter of Delaney, 256 N. Y. 315; Pittsburg Carbon Co. v. McMillin, 119 N. Y. 46.) One who as plaintiff has gone into court, invoked its jurisdiction and brought in such parties as were deemed proper, cannot complain that the court determined all the questions needful for a proper disposition of the case. (Hewitt v. Northrup, 75 N. Y. 506; Geneva Furniture Co. v. Karpen, 238 U. S. 254; Rhode Island v. Massachusetts,…
1Opinion of the CourtLehman, J.
The plaintiff, Kenneth S. MacAffer, has been appointed receiver of the Mechanicville and Fort Edward Railroad Company in dissolution proceedings. He has also been appointed successor trustee of the same company. Purporting to act in both capacities, he has brought an action in ejectment against Boston and Maine Railroad to recover possession of real property in Saratoga county. A motion made by the defendant to dismiss the complaint pursuant to rule 107, subdivision 5 of the Rules of Civil Practice was granted at Special Term, but order granting the motion was reversed by the Appellate…
2Cases cited3 opinions
- Brooks v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Wells v. MerrillAppellate Division of the Supreme Court of the State of New York · 1923
3Cited by33 opinions
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- Ellentuck v. KleinCourt of Appeals for the Second Circuit · 1978
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
- Fundamentalist Church of Jesus Christ of Latter-Day Saints v. HorneUtah Supreme Court · 2012
- GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
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