Davis v. Heynes

The opinion of the court was delivered by

Johnston, C. J.:

The plaintiff sought a recovery from defendant for the alleged fraudulent withdrawal and misappropriation of funds of the plaintiff which had been deposited in a bank of which defendant had been cashier.

Among the defenses alleged was that all of the causes of action set out in plaintiff’s petition had been fully litigated in an action between plaintiff and the bank, and that the judgment rendered against plaintiff therein was final. Another defense set up was that the alleged causes of action were based on fraud, and that more than two…