Cahill v. Wissner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Otto Wissner, from, a judgment, order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of November, 1917, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, Second District, and also, as stated in the notice of appeal, from the judgment of the Municipal Court.
1Opinion of the Court
Jenks, P. J.:
This appeal from an order of affirmance by the Appellate Term was allowed by the justices of that court. The present New York City Municipal Court Code took effect on September 1, 1915, this action was begun in the Municipal Court on October 17, 1916, and there seems to be no question that the Municipal Court had jurisdiction thereof. But theretofore there had been four other litigations instituted by the assignor *661of this plaintiff against this defendant. Of the learned justices of the Appellate Term, two were of opinion that the principle of res adjudicata was not available to…
2Cases cited11 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Smith v. McNealSupreme Court of the United States · 1883
- Loeb v. . WillisNew York Court of Appeals · 1885
- Clark v. . ScovillNew York Court of Appeals · 1910
- Blin v. CampbellNew York Supreme Court · 1817
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3Cited by3 opinions
- Maguire v. CunninghamCalifornia Court of Appeal · 1923
- Mellin v. MonsenCourt of Appeals for the Seventh Circuit · 1934
- In re KahnAppellate Division of the Supreme Court of the State of New York · 1940