MacAfferr v. Boston & Maine Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHeffernan, J.
The question involved on this appeal is quite troublesome and distinctly novel. A somewhat detailed discussion of the facts is necessary to understand it. The court at Special Term granted defendant’s motion to dismiss plaintiffs’ complaint under subdivision 5 of rule 107 of the Rules of Civil Practice on the ground that there is an existing final judgment of the Supreme Court rendered on the merits determining the same cause of action between the parties.
The Mechanicville and Fort Edward Railroad Company was a domestic corporation organized under and in pursuance of the authority conferred…
2Cases cited23 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- National Bank v. ColbySupreme Court of the United States · 1875
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
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3Cited by8 opinions
- American Home Benefit Ass'n v. United American Benefit Ass'nIdaho Supreme Court · 1942
- Leiserson & Adler, Inc. v. KeamCourt of Appeals of Kentucky (pre-1976) · 1954
- Dotsko v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 1969
- Goldberg v. CorcoranNew York Supreme Court · 1987
- Royal Norwegian Navy v. David Smith Steel Co.Appellate Terms of the Supreme Court of New York · 1945
3 more not listed; retrieve them via the Exa API.