Yates v. Utica Bank

Citations

• 206 U.S. 181
• 27 S. Ct. 646
• 51 L. Ed. 1015
• 1907 U.S. LEXIS 1152

Syllabus

<p>Yates v. Jones National Bank, ante, p. 168, followed; and held further:</p> <p>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.</p> <p>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 between the same parties to recover for individual loss suffered as distinct from the right of the bank.</p>