50 Barb. 397 | N.Y. Sup. Ct. | 1868
By the Court,
This was an action to recover the possession of a certain horse, on the alleged ground that it had been taken and wrongfully detained from the plaintiff' by the defendant. The plaintiff was nonsuited at the trial, on the ground that he was estoppéd from prosecuting the defendant for the recovery of the horse, by a judgment before rendered in a certain action brought by the defendant against Thomas C. Chase, sheriff of Livingston county who had taken said horse from the defendant by virtue of an execution issued upon a judgment in favor of George M. Pond, against this plaintiff. I do not see upon what principle the ruling to nonsuit the plaintiff, can be sustained. It is a general, if not universal principle, that an action and judgment between two persons, shall not bind or affect a third person, who
E. D. Smith, Johnson and J. C. Smith, Justices.]