STISSING NAT'L BANK v. KAPLAN


28 A.D.2d 1159 (1967)

Stissing National Bank, Appellant-Respondent, v. Leo Kaplan, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 9, 1967


Per Curiam.

The effect of the judgment, of course, would be to require the bank to pay twice for the value of the cows taken by it as the result of mistaken identification and plaintiff in its reply pleaded res judicata in defense. The 53 cows with which the prior action was concerned were part of the total of 59 actually seized, the trial court in that action finding that the remaining 6 were properly identified...

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