Phillips v. Bericic
New York Supreme Court
IN ERROR, to the Court of Common Pleas of the county of Montgomery. ' The plaintiff in error brought an action in the Court be-low against the defendant in error. The declaration contaíned a single count in indebitatus assumpsit, in which the plaintiff alleged, that the defendant, on the 1st of October, 1817, was indebted to him in the sum of three hundred dollars, for work and labour ; and being so indebted, promised, &c.
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IN ERROR, to the Court of Common Pleas of the county of Montgomery. ' The plaintiff in error brought an action in the Court be-low against the defendant in error. The declaration contaíned a single count in indebitatus assumpsit, in which the plaintiff alleged, that the defendant, on the 1st of October, 1817, was indebted to him in the sum of three hundred dollars, for work and labour ; and being so indebted, promised, &c. The defendant pleaded non assumpsit, and the statute of limitations. The cause was tried at the June term, 1818, of the Court below. At the trial, the plaintiff’s counsel…
1Opinion of the CourtSpencer, J.
There are some principles which have been urged on the argument, admitting of no doubt; where, for instance, a demand of a party is submitted to a jury, and they see fit to disallow it, either for want of sufficient proof, or for any other cause, a verdict and judgment thereon is conclusive, and the same demand is barred for ever. This principle was recognized in Brockway v. Kinney, (2 Johns. Rep. 210.) So, also, if the plaintiff’s demand consist of a claim indivisible in its, nature, as in the case of Farrington & Smith v. Payne, (15 Johns. Rep. 432.) where several actions of trover were…
2Cited by40 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Perry v. . DickersonNew York Court of Appeals · 1881
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Griffin v. WallaceIndiana Supreme Court · 1879
- Supples v. CannonSupreme Court of Connecticut · 1877
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