Ripley v. Benedict
4 Cow. 19 | N.Y. Sup. Ct. | 1825
The 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.
Motion granted, with costs.
