Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1900, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the dissenting opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1900, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the dissenting opinion. The defendants were erroneously allowed to put in evidence as res adj'udicatet the whole of the record of a former 'suit between these parties. (Genet v. D. & H. C. Co., 122 N. Y. 600; 163 N. Y. 177.) The judgment in the…
1DissentBartlett, J.
This is the sixth action between the same parties that has come to this court, all of them arising out of a contract for the mining of coal on certain lands located at Scranton, in the State of Pennsylvania..
The plaintiff and her husband, George 0. Genet, are described as parties of the first part in this contract, and the defendants as parties of the second part; the instrument bears date March 28th, 1864; the plaintiff was at the. time of the execution of the contract, and is now, vested with the fee of the lands in question; excluding certain land covered by reservations in the contract,…
2Cases cited33 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Reed v. . McCordNew York Court of Appeals · 1899
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