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4 Cow. 19

Ripley v. Benedict

New York Supreme Court

Decided February 15, 1825

New York Supreme Court · decided 1825-02-15

The plaintiff had sued the defendant, in covenant, in the Common Pleas of Saratoga county, upon articles of agreement, assigning certain breaches.

Cited by 2 later decisions — most recently January 1894

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-02-15

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Curia.

¶1The first action was on the same instrument as the present, which also includes the same cause of action as the first. The addition of another cause of action does not so materially change the ground as to destroy the. identity of the two causes. They are still the same ; and it is no answer to the application, to say that the plaintiff goes here for the same cause and more. The proceedings must stay till the costs of the first action are paid.

¶2Motion granted, with costs.

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