Legal Opinion

Agate v. Richards

The Superior Court of New York City

Decided December 10, 1859PublishedCited by 3 opinions

This is an appeal by James N. Richards, the defendant, from a-judgment, in favor of Joseph Agate the plaintiff, rendered on a trial had before Mr. Justice Pierrepoht, without a jury, June 27th, 1859. The summons is dated April 27th, 1858, and states that judg-' ment will be taken for $72.50, with interest from January 1st, 1858. The complaint alleges a sale for cash, of goods, wares and merchandise, by the plaintiff to the defendant, between the 23d of May, 1855, and the…

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This is an appeal by James N. Richards, the defendant, from a-judgment, in favor of Joseph Agate the plaintiff, rendered on a trial had before Mr. Justice Pierrepoht, without a jury, June 27th, 1859. The summons is dated April 27th, 1858, and states that judg-' ment will be taken for $72.50, with interest from January 1st, 1858. The complaint alleges a sale for cash, of goods, wares and merchandise, by the plaintiff to the defendant, between the 23d of May, 1855, and the 25th of December, 1856, consisting of “ colored linen shirts, silk cravats, suspenders, &c.,” of the value of $72.50; that…

1Opinion of the Court

By the Court—Hoffman, J.

The defendant set up in his answer a former judgment recovered against him for the same demand by the same plaintiff. The whole question is as to the identity of person, and cause of action.

The parties, plaintiff and defendant, have the same names in each suit, and not names of very ordinary occurrence. The complaint in the first action asks for judgment in the sum of $72.50, with interest from the 1st of January, 1857. The complaint in the second action is in this respect the same. The summons in each action is, in this particular, also alike.

The complaint in the…

2Cited by3 opinions

  1. Day v. ValletteIndiana Supreme Court · 1865
  2. Brown v. SullivanNew York Court of Common Pleas · 1892
  3. Fink v. Manhattan Railway Co.New York Court of Common Pleas · 1890

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