Lawrence v. Hunt
New York Supreme Court
This was an action of assumpsit, tried at the Yates circuit in June, 1831, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of assumpsit, tried at the Yates circuit in June, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff proved a contract made between him and the defendant in April, 1828, by which it was agreed that the defendant should deliver to the plaintiff, at his mill at Milo, in the county of Yates, 500 bushels of wheat, as fast as the plaintiff should want it between the time of the contract and the first day of July following, and that the plaintiff should pay him five shillings and sixpence per pushel in seven months from the first day of May, with…
1Opinion of the Court
By the Court,
Nelson, J.
The questions presented for consideration in this case are as to the admissibility and effect of the former recovery by the present defendant.
The objection that there was another party to the record in the former cause jointly with the present plaintiff, I am of opinion, is not of itself sufficient to exclude the record under the circumstances which appeared at the trial. The general rule undoubtedly is, that the verdict or judgment must be between the same parties or those claiming under them, and that a verdict or judgment is not binding upon a third person, who has…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
3Cited by42 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Fayerweather v. RitchSupreme Court of the United States · 1904
- Aurora City v. WestSupreme Court of the United States · 1869
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- McKnight v. DunlopNew York Supreme Court · 1848
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