Hess v. Smith
Appellate Terms of the Supreme Court of New York
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
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Conrow v. . LittleNew York Court of Appeals · 1889
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Billington v. . WagonerNew York Court of Appeals · 1865
- Glackin v. ZellerNew York Supreme Court · 1868
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3Cited by3 opinions
- In re Estate of SwalesAppellate Division of the Supreme Court of the State of New York · 1901
- Trowbridge v. HayesNew York Supreme Court · 1896
- Mooney v. McGuirkAppellate Terms of the Supreme Court of New York · 1900