Munn v. Cook
New York Supreme Court
Appeal from judgment dismissing complaint and from order denying a rehearing.* The action was brought by Ellen Munn against Joseph M. Cook and George Frederick Munn. The nature of the action and the proceedings are fully stated in the opinion of Daniels, J.
1ConcurrenceVan Brunt, P. J.
I concur in the result arrived at by Mr. Justice Daniels, but I do not concur in his opinion so-far as it states that the judgment offered in evidence could have no effect because it was interlocutory. The case of Brinkley v. Brinkley, 50 N. Y. 202, relied upon by him, holds that the definite judgment of the court of another state between the same parties npon-ilio same cause of action, upon the merits, is conclusive, but that a judgment not adjudicating definitely between the parties the merits of the case is not so conclusive, and this was all that was held. In that case, an order made in…
2Cases cited50 opinions
- Embry v. PalmerSupreme Court of the United States · 1883
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Hardin v. BoydSupreme Court of the United States · 1885
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
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