Bush v. Knox
New York Supreme Court
Motion for a new trial, on exceptions ordered to be heard at General Term in the first instance. The action was replevin, and brought to recover a gold watch and chain. The defendant plead general denial, and, in addition, that the question sought to be litigated in this action, had been once litigated and decided adversely to plaintiff, and that plaintiff' was estopped thereby.
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Motion for a new trial, on exceptions ordered to be heard at General Term in the first instance. The action was replevin, and brought to recover a gold watch and chain. The defendant plead general denial, and, in addition, that the question sought to be litigated in this action, had been once litigated and decided adversely to plaintiff, and that plaintiff' was estopped thereby. On the trial, June, 1872, plaintiff proved a bill of sale, executed by defendant, November 3, 1868, whereby the watch and chain in suit, and five colts, with a note, were sold by defendant to plaintiff. On plaintiff’s…
1Opinion of the Court
Miller, P. J.:
This action was brought to recover a gold watch and chain, which the plaintiff cMmed he owned, and that the defendant wrongfully detained. The plaintiff was nonsuited upon the trial, upon the ground that he was estopped by reason of a judgment previously rendered in favor of one Johnson against the plaintiff, in a certain action brought to recover the possession of certain colts, in which the same identical question was litigated as in the case at bar. The question to be determined is, whether the defendant here was in privity with Johnson, so as to be entitled to avail himself…
2Cases cited4 opinions
- Castle v. . NoyesNew York Court of Appeals · 1856
- Demarest v. . DargNew York Court of Appeals · 1865
- Mersereau v. . PearsallNew York Court of Appeals · 1859
- Bissick v. McKenzieNew York Court of Common Pleas · 1872