Porter v. . Kingsbury
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the thiid judicial department, reversing a judgment in favor of defendants, entered upon a decision of 0the court on trial without a jury. (Reported below, 13 Hun, 33.) This action was brought upon an undertaking given on appeal. Defendants pleaded a former suit pending.
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Appeal from order of the General Term of the Supreme Court, in the thiid judicial department, reversing a judgment in favor of defendants, entered upon a decision of 0the court on trial without a jury. (Reported below, 13 Hun, 33.) This action was brought upon an undertaking given on appeal. Defendants pleaded a former suit pending. It appeared and the court found substantially, that prior to the commencement of this action, plaintiff brought suit against defendants upon the same undertaking. It was not alleged in the complaint in that action that notice of judgment had been served as…
1Opinion of the CourtAndrews, J.
The plea of a former suit pending between the parties for the same thing, was allowed, to prevent vexatious and oppressive suits, and if sustained, the second writ abated, and judgment passed for the defendant. It was however a plea which in its nature related to the facts existing at the commencement of the action in which the plea was interposed. The question was whether at the time of suing out the second writ, there was a writ in being, and it was formerly held to be no answer to the plea that the first suit was ended, when the plea was put in, and the reason given is, that if there was a…
2Cases cited3 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Wegman v. . ChildsNew York Court of Appeals · 1869
- Quackenbush v. EhleNew York Supreme Court · 1849
3Cited by28 opinions
- Capaccio v. MerrillMassachusetts Supreme Judicial Court · 1915
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
- Gentilala v. Fay Taxicabs, Inc.New York Court of Appeals · 1926
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1940
- Ferrandino v. CartelliAppellate Division of the Supreme Court of the State of New York · 1960
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