Nathan Clifford

Name: Cromwell v. County of Sac — Dissent
Author: Nathan Clifford

Summary

“Cromwell v. County of Sac — Dissent”, is a work by Nathan Clifford. It explores elements such as first suit, plaintiff and coupons.

Quotes from Cromwell v. County of Sac — Dissent (Nathan Clifford)

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ When a fact has been once determined in the course of a judicial proceeding, say the Supreme Court of Massachusetts, and final judgment has been rendered in accordance therewith, it cannot be again litigated between the same parties without virtually impeaching the correctness of the former decision, which, from motives of public policy, the law does not permit to be done; and they proceed to say that the estoppel is not confined to the judgment, but extends to all facts involved in it, as necessary steps, or the groundwork upon which it must have been founded. ”

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Source: Wikisource

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ Nothing can be more certain in legal decision than the proposition that the title to the bonds and coupons are the same, as the coupons were annexed to the bonds when the bonds were executed and delivered to the original holder, in pursuance of the contract for building the court-house; and it is equally certain, that if it could be proved in defence that the consideration was illegal, or that the instruments were fraudulent in their inception, or that they had been lost or stolen before they were negotiated to the holder, the defence would apply to the bonds as well as the coupons. ”

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Source: Wikisource

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ Title and possession are one and inseparable to clothe the instrument with the prima facie presumption that it was indorsed at the date of its execution, and that the holder paid value for it, and received it in good faith in the usual course of business, without notice of any prior equities. ”

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Source: Wikisource

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ The court sustained the defence, holding that the plaintiff did not show any right to maintain another action merely by proving his omission to produce upon the trial all the evidence which was admissible in his behalf, and that having chosen to submit his case upon the evidence introduced, he was bound to abide by the verdict and judgment in the first suit. ”

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Source: Wikisource

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ Coupons are written contracts for the payment of a definite sum of money on a given day, and, being drawn and executed in a given mode, for the very purpose that they may be separated from the bonds, it is held that they are negotiable, and that a suit may be maintained on them without the necessity of producing the bonds to which they were attached. ”

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Source: Wikisource

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ Garcias, 12 Cl. & Fin. 401; Beloit v. Morgan, 7 Wall. 623. 'It results from these authorities that an adjudication by a competent tribunal is conclusive, not only in the proceeding in which it is pronounced, but in every other where the right or title is the same, although the cause of action may be different.' 2 Smith, Lead. ”

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Source: Wikisource

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ When once finally rendered, the judgment must be considered conclusive, else litigation will be endless. Litigants sometimes prefer not to bring forward their whole case or defence, in order to enjoy the opportunity to bring up a reserve in case of defeat in the first contest ”

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Source: Wikisource

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ Moneys were also paid by the same surety to discharge the liability under the second bond. Contribution being refused, the plaintiff brought a second suit, and the defendant set up the former judgment as a bar; and the court sustained the defence, it appearing that both bonds were given at the same time upon the same consideration, and as part of one and the same transaction. ”

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Source: Wikisource

Nathan Clifford, Cromwell v. County of Sac — Dissent

“ Both declarations contained similar special counts; and the court remarked, that a decision in the one suit on those counts in favor of the plaintiffs necessarily included and virtually determined the sufficiency of the declaration to sustain the title of the plaintiffs, and showed that the record was admissible in evidence. ”

Nathan Clifford

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