Morgan v. Hart

Citations

• 84 Wash. 496
• 147 P. 26
• 1915 Wash. LEXIS 1237

Syllabus

<p>Judgment — Res Judicata — Questions Concluded. An action for the recovery of damages resulting from the breach of a contract relating to the financing and control of a corporation is barred by the judgment of dismissal “with prejudice” in a former action involving the same parties and subject-matter, wherein it was sought to compel an accounting for moneys advanced by some of the parties for the purpose of acquiring an interest in the corporation.</p> <p>Same. The fact that plaintiff in the second suit was joined as a defendant in the first suit, along with his present adversary, for the reason that he refused to join as plaintiff, would not affect the efficacy of judgment in the prior equitable suit as res judicata, since his rights adverse to the present defendants could have been as fully adjusted therein in his capacity as defendant as if he had.been one of the plaintiffs.</p> <p>Same. The fact that plaintiff has introduced in his complaint the element of fraud of the principal defendant in bringing about a settlement following the prior suit, is not the injection of a new issue, but merely the anticipation of a defense which might be made against the claims of plaintiff, and hence cannot be considered as affecting the res adjudicata of the judgment in the former suit involving the violation by the principal defendants of the original contract between all the parties.</p> <p>Judgment — Disposition op Case. A judgment of dismissal with, prejudice is sufficiently certain to form a bar to a subsequent action involving the same parties and issues, as it in effect determined that the defendant was not accountable to the adverse parties therein.</p> <p>Judgment — Conclusiveness — Pabties Concluded. The fact that the plaintiff in the second suit did not file an answer or cross-complaint in the former action would not change the force and effect of a judgment of dismissal with prejudice therein, where it appears from the record that he'was informed of the allegations