Carmody v. Simpson-Sullivan Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action against a real estate agent to recover alleged secret profits made, and a commission received by the agent in a real estate transaction.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action against a real estate agent to recover alleged secret profits made, and a commission received by the agent in a real estate transaction. The Court in the opinion stated the facts as follows: Appeal from a judgment upon verdict for the defendants the Simpson-Sullivan Company, Incorporated, and Charles W. Simpson, appellees, here, in the supreme court of the District. In the first count of his amended declaration appellant claims $3,300 by the common counts. The…
1Opinion of the CourtJustice Robb
It is familiar doctrine that a right, question, or fact distinctly put in issue and determined by a court of competent jurisdiction as a ground of recovery cannot be questioned in a subsequent suit between the same parties or their privies, and that even if the second suit is for a different cause of action the right, question, or fact once so determined, as between the same parties or their privies, must be taken as conclusively established while the judgment in the first suit stands. Southern P. R. Co. v. United States, 168 U. S. 1, 42 L. ed. 355, 18 Sup. Ct. Rep. 18; *43Nalle v. Oyster, 230…
2Cases cited6 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Aurora City v. WestSupreme Court of the United States · 1869
- Nalle v. OysterSupreme Court of the United States · 1913
- Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Block v. WilsonDistrict of Columbia Court of Appeals · 1947
- Klein v. FieldsDistrict of Columbia Court of Appeals · 1943