J. T. McTeer Clothing Co. v. Hay
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at May Term, 1913, of ALAMANCE. This action is to recover two items of an account for goods sold and delivered, the first item being of date 26 March, 1909, for $305, and the second of date 26 March, 1909, for $13.50, both being subject to a credit of $63 for goods returned, leaving a balance due of $255.50. The defendant denied the indebtedness and pleaded an estop-pel by judgment.
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Appeal by plaintiff from Peebles, J., at May Term, 1913, of ALAMANCE. This action is to recover two items of an account for goods sold and delivered, the first item being of date 26 March, 1909, for $305, and the second of date 26 March, 1909, for $13.50, both being subject to a credit of $63 for goods returned, leaving a balance due of $255.50. The defendant denied the indebtedness and pleaded an estop-pel by judgment. The facts appearing of record in regard to the estoppel are as follows: Prior to the institution of this action, the plaintiff commenced another action against the defendant,…
1Opinion of the Court
AlleN, J.,
after stating tbe case: There appears to be some confusion in the authorities as to the matters concluded by judgment, some declaring that it estops only as to the questions actually litigated, and others that it not only estops as to those litigated, but also as tp all that might have been litigated in the action.
The apparent conflict arises from failure to distinguish between the difference in the causes of action, both rules existing, but being applicable to different facts.
The line is clearly marked in Cromwell v. County of Sac, 94 U. S., 351, which has been approved in numerous…
2Cases cited6 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Yates v. . YatesSupreme Court of North Carolina · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- King v. GrindstaffSupreme Court of North Carolina · 1973
- Bockweg v. AndersonSupreme Court of North Carolina · 1993
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
- Whitaker v. GarrenSupreme Court of North Carolina · 1914
- King v. NeeseSupreme Court of North Carolina · 1951
15 more not listed; retrieve them via the Exa API.