O'Connor v. Bagley
New York Court of Common Pleas
Actioh to recover the price upon a sale and delivery of coal. The defendant answered by pleading in effect the general issue, and a judgment rendered against the plaintiff in a former suit for the same cause of action, against this defendant and one Samuel Pim, as co-partners and joint debtors. Judgment was entered for the plaintiff. The defendant appealed.
1Opinion of the CourtBy the Court. Woodruff, J.
The judgment in the former suit was as against the plaintiff conclusive as to every fact which was put in issue, tried and determined, and as to none other (see 6 Paige, 40) except as to the fact itself that such a suit was brought and decided ; and it was thus conclusive for and against all parties thereto and their privies as to such facts. (St. John v. St. John's Church, 15 Barb. 346.) And the general rule laid down in Embury v. Connor, 3 Comst. 522, is too well settled to admit of discussion.
What then was established by the judgment in the former action %
Simply, that James Bagley and…
2Cases cited3 opinions
- Guion v. KnappNew York Court of Chancery · 1836
- Lawrence v. HuntNew York Supreme Court · 1833
- St. John v. St. John's ChurchNew York Supreme Court · 1851