New York City Car Advertising Co. v. Greenberger

Appellate Terms of the Supreme Court of New York

New York City Car Advertising Co. v. Greenberger

150 N.Y.S. 642

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 24, 1914

StatusPublished

This text of 150 N.Y.S. 642 (New York City Car Advertising Co. v. Greenberger) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York City Car Advertising Co. v. Greenberger, 150 N.Y.S. 642 (N.Y. Ct. App. 1914).

Pincite

Opinion

BIJUR, J.

[1, 2] It is perfectly evident that upon the question of defendant’s liability on the contract sued on. a judgment recovered in [643]*643a previous action for an earlier installment under the same contract was res judicata, even without further evidence as to the issues litigated on the previous trial. The testimony offered to that effect, though unnecessary, was perfectly competent, and, were there any doubt as to the conclusive character' of this judgment, it should have been admitted.

Judgment reversed, with costs, and judgment for plaintiff directed for the sum of $210 and interest from June 1, 1913, with appropriate costs in the court below, and appeal from order dismissed, without costs. All concur.

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BIJUR, J.

[1, 2] It is perfectly evident that upon the question of defendant’s liability on the contract sued on. a judgment recovered in [643]*643a previous action for an earlier installment under the same contract was res judicata, even without further evidence as to the issues litigated on the previous trial. The testimony offered to that effect, though unnecessary, was perfectly competent, and, were there any doubt as to the conclusive character' of this judgment, it should have been admitted.

Judgment reversed, with costs, and judgment for plaintiff directed for the sum of $210 and interest from June 1, 1913, with appropriate costs in the court below, and appeal from order dismissed, without costs. All concur.

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Bluebook (online)

150 N.Y.S. 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-city-car-advertising-co-v-greenberger-nyappterm-1914.