Brennan v. Blath
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Third District Court. The action was brought by plaintiff, as assignee of Helen A. D’Orsay, upon an alleged parol agreement of lease of premises in the city of New York, for the period of six months, from November 1, 1869, to May 1, 1870, at the yearly rent of $1,200, payable monthly in advance, and claim was made in the complaint for the rent accruing in advance on the 1st day of April, 1870. The agreement for the letting of…
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Appeal by the defendant from a judgment of the Third District Court. The action was brought by plaintiff, as assignee of Helen A. D’Orsay, upon an alleged parol agreement of lease of premises in the city of New York, for the period of six months, from November 1, 1869, to May 1, 1870, at the yearly rent of $1,200, payable monthly in advance, and claim was made in the complaint for the rent accruing in advance on the 1st day of April, 1870. The agreement for the letting of the premises, as stated in the complaint, was denied by the answer, and on the trial, which took place on the 6th of May,…
1Opinion of the Court
By the Court.*
Robinson, J.
The precise date of the trial or judgment in the suit of Allen against Blath does not appear. I am of the opinion the Justice erred in holding upon the defendant’s admission, that the judgment in the Allen suit, for the rent accruing in March, was decisive of any right presented in this action. A judgment of a court of competent jurisdiction is only conclusive in subsequent controversies, as between the same parties or their privies, and upon the points actually decided. The estoppel thereby created, must, however, be mutual. Allen, the plaintiff, in the former…
2Cases cited3 opinions
- Case v. ReeveNew York Supreme Court · 1817
- Bates v. StantonThe Superior Court of New York City · 1852
- Goddard v. BensonNew York Court of Common Pleas · 1862
3Cited by1 opinion
- Chapman v. FrankNew York Court of Common Pleas · 1889