Honsinger v. . Union Carriage Gear Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1902, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1902, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment in the former case, of the defendant against the plaintiffs, in the action for the balance of the contract price for these same carriages remaining unpaid, is a bar to this action. (Averill v. Day, 26 Hun, 319; Lorillard v. Clyde, 122 N. Y. 41; Davis v. Tallcot, 12 N. Y. 184; Dunham v.…
1Opinion of the CourtCullen, J.
Undoubtedly a judgment is conclusive not only of the issues actually litigated in the action, but also of any matter necessarily comprehended and involved therein, although the same was not litigated. Pray v. Hegeman (98 N. Y. 351) states this rule clearly. But the question remains, did the recovery by the defendant in the action brought by it for the purchase price of the goods necessarily involve the proposition that there had been no breach of the warranty given by it? I submit that that question is authoritatively determined by the decisions in this state. In Cook v. Moseley (13 Wend.…
2Cases cited3 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Day v. . PoolNew York Court of Appeals · 1873
- Cook v. MoseleyNew York Supreme Court · 1835
3Cited by34 opinions
- Mink v. KeimNew York Court of Appeals · 1943
- National Fire Insurance v. HughesNew York Court of Appeals · 1907
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1910
- Brown v. BullockAppellate Division of the Supreme Court of the State of New York · 1962
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