Yates v. Utica Bank - 206 U.S. 181 (1907)


U.S. Supreme Court

Yates v. Utica Bank, 206 U.S. 181 (1907)

Yates v. Utica Bank

No. 231-233.

Argued March 8, 11, 1907

Decided May 13, 1907

206 U.S. 181

Syllabus

Yates v. Jones National Bank, ante, p. 206 U. S. 158, followed, and held further:

That a judgment was rendered upon demurrer does not affect its cogency if it is otherwise efficacious to bring into play the presumption of the thing adjudged.

A judgment of dismissal based on the ground that plaintiff in an action against the directors of a national bank had not set up any individual wrong suffered by him but solely an injury sustained in common with all other creditors of the bank, is not res adjudicata of a right of action

Page 206 U. S. 182

between the same parties to recover for individual loss suffered, as distinct from the right of the bank.

The facts are stated in the opinion.



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