Kelsey v. Murphy
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an action on the case for conspiracy by Michael Mur phy against Charles Kelsey and Ephraim K. West; the process was served on Kelsey alone.
Read the full summary
Error to the Common Pleas of Schuylkill county. This was an action on the case for conspiracy by Michael Mur phy against Charles Kelsey and Ephraim K. West; the process was served on Kelsey alone. The case was very voluminous, but the leading. and material facts were as follows: Murphy, the plaintiff, was a coal merchant, residing at Pottsville, and in the year 1845 sold a quantity of coal, amounting to about $3000, to Ephraim K. West, who was a coal dealer, and kept a yard in the city of Brooklyn. Charles Kelsey, the defendant, was a broker,-doing business in Wall street, New York; and…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The great question in this cause is, whether the plaintiff’s bill in the’New York Chancery, dismissed on final hearing, and duly pleaded here, bars the present action.
The general rule is as old as the Duchess of Kingston’s Case, 20 State Trials 538, that the judgment of a court of concurrent jurisdiction directly upon the point, is as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court.
To permit a plaintiff, said Judge Duncan, in Wilson v. Hamilton, 9 Ser. & R. 429,…
2Cases cited3 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Mott v. DanforthSupreme Court of Pennsylvania · 1837
3Cited by12 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Columbia National Bank v. DunnSupreme Court of Pennsylvania · 1904
7 more not listed; retrieve them via the Exa API.