Mitchell v. . Read
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 12, 1879, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 12, 1879, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 9 Hun, 418.) This action was commenced in March, 1870, by James L. Mitchell, the testator of the present plaintiff, to have it adjudged that certain leases obtained by defendant during the existence of a partnership between him and said Mitchell were taken for the benefit of the partnership, and were held by defendant as…
1Opinion of the Court
Folger, Ch. J.
The adjudication in this case, announced in 61 R. Y. 123, is binding upon the parties, and hence upon the court, unless a state of facts materially different from that there presented was shown upon the last trial. We do not understand that upon the vital question in the case such difference is claimed, save in this: that before, it did not appear but that the leases in the first instance were to the parties jointly, while now it is shown that the leases, for the most important and useful part of the premises, were to the defendant alone, directly or by assignment. This fact…
2Cited by30 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
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