Barber v. . Kendall
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 29, 1896, affirming a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on the merits on trial at Special' Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 29, 1896, affirming a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on the merits on trial at Special' Term. The nature of the action and the facts, so far as material, are stated in the opinion. To sustain a plea of a former judgment in bar it must appear that the cause of action in both suits is the same, or that some fact essential to the maintenance of the second suit was in issue in the first action and was decided…
1Opinion of the CourtO’Brien, J.
The plaintiff in this action sought to rescind and set aside a written contract made between him and the defendant on the 27th of September, 1890. By the terms of the contract the plaintiff agreed to convey to the defendant cei’tain real estate, and the defendant agreed to pay him therefor the sum of $20,000, by the transfer of two.lmndred shares of the capital stock of the ITew York Bank ITote Company at par. A few days after the execution of the contract the plaintiff conveyed to the defendant the land embraced within the terms of the contract, and received from him the consideration, viz.,…
2Cases cited8 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Reich v. . CochranNew York Court of Appeals · 1896
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Margraf v. . MuirNew York Court of Appeals · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Fairchild, Arabatzis & Smith v. Prometco (Prod. & Metals)District Court, S.D. New York · 1979
- In re the Transfer Tax upon the Estate of PutnamAppellate Division of the Supreme Court of the State of New York · 1927
- Greenwood v. GreenwoodSupreme Court of Kansas · 1916
- Graybar Electric Co. v. New Amsterdam Casualty Co.Tennessee Supreme Court · 1948
7 more not listed; retrieve them via the Exa API.