Appellate Terms of the Supreme Court of New York, 1925

Kaufman v. Walter

Kaufman v. Walter
Appellate Terms of the Supreme Court of New York · Decided May 1, 1925
125 Misc. 908; 211 N.Y.S. 649; 1925 N.Y. Misc. LEXIS 998

Counsel

Mark Rudich, for the appellant., Cyrus S. Jullien, for the respondent,

Kaufman v. Walter

Opinion of the Court

Per Curiam:

Judgment affirmed, with twenty-five dollars costs.

We think the logical rule is where two or more claims arising out of the same contract are in existence when an action is brought upon one, a judgment in that action is a bar to an action upon the other. In coming to this conclusion we have not overlooked Perry v. Dickerson (85 N. Y. 345).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.