Nathans v. . Hope
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon the decision of the court on trial without a jury. This action was upon a promissory note. The note in question, with two others, were given to pay and take up three other notes given by defendant in payment of an indebtedness of defendant to one Avery Smith for money loaned.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon the decision of the court on trial without a jury. This action was upon a promissory note. The note in question, with two others, were given to pay and take up three other notes given by defendant in payment of an indebtedness of defendant to one Avery Smith for money loaned. The three original notes were indorsed by the payee to plaintiff. The new notes were made payable to the order of plaintiff. At the time of the…
1Opinion of the CourtMiller, J.
The principle is well settled that an entire indivisible demand cannot be split up into several claims, so as to make it the subject of íavo or more separate actions : (Secor v. Sturgis, 16 N. Y., 554.) It folloAvs, as the result of this rule, that "where a claim arises upon a contract, or from a tort, the entire claim must be prosecuted in a single suit, and several suits cannot be brought for separate parts of such claim. Where several suits are brought, the pend-ency of the first may be pleaded in abatement of the other suit or suits, and a judgment in either will be a bar to a recovery in…
2Cited by23 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- United States v. Pan-American Petroleum Co.Court of Appeals for the Ninth Circuit · 1932
- Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
- Silberstein v. . BegunNew York Court of Appeals · 1922
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