Sullivan v. George Ringler & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George. Riñgler & Company, from a judgment of the Supreme Court.in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of Hay, 1901, upon the decision of the court rendered aítér a trial before the court without a jury at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Goodrich, P. J.:
The only question involved in this appeal is whether a. judgment between the same parties-on the same subject-matter is res adjudícala after an appeal from the judgment has been taken and an undertaking given to stay execution.
This question must be decidéd in the affirmative, on the authority of Parkhurst v. Berdell (110 N. Y. 386), where (at p. 392) it was said: “ As it appears to have been material to establish in this action some of the matters adjudicated in that in favor' of -Hrs. Parkhurst, it was competent for her to establish them by the judgment-roll introduced in…
2Cases cited3 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Sage v. HarpendingNew York Supreme Court · 1867
- Stevens v. StevensNew York Supreme Court · 1893
3Cited by12 opinions
- In re the Arbitration between Amica Mutual Insurance & JonesAppellate Division of the Supreme Court of the State of New York · 1981
- In re Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Duverney v. StateNew York Court of Claims · 1978
- Ratner v. Paramount Pictures, Inc.District Court, S.D. New York · 1942
- Coronado Development Corp. v. MillikinNew York Supreme Court · 1940
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