Foster v. Milliner
New York Supreme Court
MOTION by the plaintiff for a new trial, on a case. The plaintiff in his complaint states, that in the fall of 1862, he entered into an agreement with the defendants,' by which the defendants, in consideration of $700, agreed to repair, reconstruct, and rebuild a canal boat, known as the B. D. Yarnum, in a good and workmanlike manner, and so that she should be fit and suitable to navigate and transport merchandise upon the Brie canal and Hudson river; that the defendants did…
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MOTION by the plaintiff for a new trial, on a case. The plaintiff in his complaint states, that in the fall of 1862, he entered into an agreement with the defendants,' by which the defendants, in consideration of $700, agreed to repair, reconstruct, and rebuild a canal boat, known as the B. D. Yarnum, in a good and workmanlike manner, and so that she should be fit and suitable to navigate and transport merchandise upon the Brie canal and Hudson river; that the defendants did not observe their agreement, and failed to so repair and rebuild the said boat, by which the plaintiff sustained…
1Opinion of the CourtJohnson, J.
If the defendants, under all the facts of the case, were entitled to use the record of the former trial in evidence, and to insist upon it, notwithstanding the stipulation between the parties, it must undoubtedly be held prima facie to bar the present action. The precise matter which forms the subject of this action, was, in the former action, set up in the answer of this plaintiff, to the complaint therein, both by way of recoupment, to prevent any recovery by the plaintiff therein, and as a counter-claim for the purpose of recovering damages, by the defendant, as affirmative relief. Issue…
2Cases cited3 opinions
- Snider v. CroyNew York Supreme Court · 1807
- Davis v. . TallcotNew York Court of Appeals · 1854
- Canfield v. MongerNew York Supreme Court · 1815
3Cited by5 opinions
- Groton Bridge & Mfg. Co. v. Clark Pressed Brick Co.U.S. Circuit Court for the District of Eastern Arkansas · 1903
- Sans v. City of New YorkNew York Supreme Court · 1900
- Arnold v. ClarkNew York Court of Common Pleas · 1880
- In re People's Safe-Deposit & Savings Inst.District Court, N.D. New York · 1878
- Lucas v. East Stroudsburg Glass Co.New York Supreme Court · 1886