Lawrence v. Vernon
U.S. Circuit Court for the District of Massachusetts
Assumpsit to recover a sum of money alleged to be due to the plaintiffs [William Lawrence and Benjamin Adams] from the defendant [William Vernon], as his proportion of a large sum of money paid by them for widening the lower end of Doane street, upon which the defendant was an abutter and owner of real estate. Plea the general issue.
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Assumpsit to recover a sum of money alleged to be due to the plaintiffs [William Lawrence and Benjamin Adams] from the defendant [William Vernon], as his proportion of a large sum of money paid by them for widening the lower end of Doane street, upon which the defendant was an abutter and owner of real estate. Plea the general issue. At the trial the defendant offered in evidence the record of a former action brought by William Lawrence and Benjamin Adams (the present plaintiffs) and one Thomas Lamb, against the present defendant, in which the plaintiffs sought to recover a certain sum of…
1Opinion of the Court
STORY, Circuit Justice.
The sole question is, whether the judgment in the former action is, under the circumstances, a good bar to the present claim, and ought so to have been ruled at the trial before the jury. It is said, and I believe truly, that substantially the same evidence upon all the points in controversy was laid before the jury at each trial; and that, therefore, it is apparent that the questions were the same in each case; and the former verdict and judgment under such circumstances are a complete bar. I agree, that, where a former verdict and judgment have been given upon the…
2Cases cited1 opinion
- Robertson v. SmithNew York Supreme Court · 1821
3Cited by6 opinions
- Fifield v. EdwardsMichigan Supreme Court · 1878
- Williams v. DaiseySuperior Court of Delaware · 1935
- Stingley v. KirkpatrickIndiana Supreme Court · 1846
- Empire State Nail Co. v. American Solid Leather Button Co.U.S. Circuit Court for the District of Rhode Island · 1896
- Miller v. ManiceCourt for the Trial of Impeachments and Correction of Errors · 1843
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