Calkins v. Allerton
New York Supreme Court
This was an action of trover for a pair of steers. The plea was the general issue. The cause was tried at the New-York circuit, in September, 1844, before Parker, Cir. Judge. On the trial the plaintiff proved that the defendant said he took the steers by the orders of Erastus Wheaton, after the plaintiff forbade his taking them. Wheaton had made an agreement with the plaintiff to purchase the steers.
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This was an action of trover for a pair of steers. The plea was the general issue. The cause was tried at the New-York circuit, in September, 1844, before Parker, Cir. Judge. On the trial the plaintiff proved that the defendant said he took the steers by the orders of Erastus Wheaton, after the plaintiff forbade his taking them. Wheaton had made an agreement with the plaintiff to purchase the steers. After this proof was introduced, the plaintiff offered, as evidence of his title to the cattle in question, and of his right of possession, as between the plaintiff and the defendant, the record…
1Opinion of the Court
By the Court,
Paige, J.
Chief Justice De Grey, in the Dutchess of Kingston’s case, (11 St. Trials, 261, S. C. 20 Howell’s St. Tr. 538,) laid down the following rule, viz. “ That the judgment of a court of concurrent jurisdiction directly upon the point is, as a plea, a bar, of as evidence, conclusive between the same parties upon the same matter directly in question in another suit.” The supreme court, in Jackson v. Wood, (3 Wend. 27,) repudiated that part of this rule which recognizes the conclusiveness of a former judgment when offered as evidence; and adopted the adverse principle, that a…
2Cases cited2 opinions
- Case v. ReeveNew York Supreme Court · 1817
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
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- Raymond v. . RichmondNew York Court of Appeals · 1879
- Monroe v. DelavanNew York Supreme Court · 1857
- New York, L. E. & W. R. Co. v. McHenryU.S. Circuit Court for the District of Southern New York · 1883
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