Legal Opinion

Hess v. Smith

Appellate Terms of the Supreme Court of New York

Decided February 15, 1896PublishedCited by 3 opinions

Appeal by defendant from'judgment rendered by the Eleventh District Court.

1Opinion of the CourtMcAdam, J.

The action was in trover for conversion; the defense, a former recovery in bar.

The proofs showed that the plaintiff had brought suit for the same claim on. contract, and recovered judgment by default for $78.50, out of which she had collected $44. This action was for the conversion of the same property; but the amount previously collected was credited on the value proved, allowed as a counterclaim, and judgment given for the balance, $33, with costs. From that determination this appeal is taken.

The former recovery, which has not been vacated or reversed, is a complete defense. The .plaintiff…

2Cases cited10 opinions

  1. Kinnier v. . KinnierNew York Court of Appeals · 1871
  2. Conrow v. . LittleNew York Court of Appeals · 1889
  3. Mandeville v. . ReynoldsNew York Court of Appeals · 1877
  4. Billington v. . WagonerNew York Court of Appeals · 1865
  5. Glackin v. ZellerNew York Supreme Court · 1868

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3Cited by3 opinions

  1. In re Estate of SwalesAppellate Division of the Supreme Court of the State of New York · 1901
  2. Trowbridge v. HayesNew York Supreme Court · 1896
  3. Mooney v. McGuirkAppellate Terms of the Supreme Court of New York · 1900

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