Staples v. Goodrich
New York Supreme Court
THE plaintiffs claimed to recover for goods and merchandise sold by them to the defendant, on the 14th of November, 1853, to the amount of $299.40» -The defendant denied each allegation of the complaint, and set up a former suit and judgment, in bar.
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THE plaintiffs claimed to recover for goods and merchandise sold by them to the defendant, on the 14th of November, 1853, to the amount of $299.40» -The defendant denied each allegation of the complaint, and set up a former suit and judgment, in bar. On the trial, the following facts were made to appear, to wit: that the plaintiffs, on the 7th of September, 1853, sold to the defendant goods and merchandise; on six months credit, the amount of which, with interest after six months, to the 16th of October, 1854, was $312.28; that the plaintiffs, also, on the 14th of November, 1853, sold to the…
1Opinion of the Court
By the Court, Bockes, J.
It has long been well settled, that an entire and indivisible demand cannot be split up by a party, so as to form the basis of two actions; that if a plaintiff bring an action for part only of an entire and indivisible demand, the judgment in that action is a conclusive bar to a subsequent suit for another part of the same demand. (Bendernagle v. Cocks, 19 Wend. 207. Colvin v. Corwin, 15 id. 557. Guernsy v. Carver, 8 id. 492. Miller v. Covert, 1 id. 487. Smith v. Jones, 15 John. 229. Farrington v. Payne, Id. 432. Phillips v. Berick, 16 id. 136. Willard v. Sperry, Id.…
2Cases cited4 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Phillips v. BericicNew York Supreme Court · 1819
- Smith v. JonesNew York Supreme Court · 1818
- Stevens v. LockwoodNew York Supreme Court · 1835
3Cited by7 opinions
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1879
- Zimmerman v. . ErhardNew York Court of Appeals · 1880
- Buck v. WilsonSupreme Court of Pennsylvania · 1886
- McDowell County Bank v. WoodWest Virginia Supreme Court · 1906
- Jex v. JacobNew York Supreme Court · 1879
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