125 Misc. 908

Morris L. Kaufman, Appellant, v. Alfred G. Walter, Respondent.

Supreme Court, Appellate Term, Second Department,

May 1, 1925.

Mark Rudich, for the appellant.

Cyrus S. Jullien, for the respondent,

*909Per 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).

Kaufman v. Walter
125 Misc. 908

Case Details

Name
Kaufman v. Walter
Decision Date
May 1, 1925
Citations

125 Misc. 908

Jurisdiction
New York

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