Hirshbach v. Ketchum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Simon Hirshbach, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 18th day of March, 1903, upon the decision of the court, rendered after a trial at the Hew York Trial Term, a jury having been waived, dismissing the complaint upon the mérits.
1Opinion of the Court
O’Brien, J.:
The history of the litigation between these parties is fully detailed in the opinion of the learned judge at Trial Term,* and we might *259well be content to rest our decision upon the reasons therein given in favor of the judgment which was thereafter entered, and from which the plaintiff appeals. It was thought proper, however, that we should add a word in reference to a single feature of the litigation which we think strengthens the conclusion reached. The precise point upon which the complaint was dismissed was that the former judgment was res adjudioata.
There were two judgments…
2Cases cited6 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Irwin v. . CurieNew York Court of Appeals · 1902
- De Puy v. . StrongNew York Court of Appeals · 1867
- St. John v. WestNew York Supreme Court · 1850
- Hirshbach v. KetchumAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Schusterman v. C & F Caterers, Inc.City of New York Municipal Court · 1948
- Royal Live Fish Co. v. Central Fish Co.Appellate Division of the Supreme Court of the State of New York · 1913