Cassidy v. Cassidy

A demurrer on the ground that another action is pending will not be sustained, unless it appears that the demurrant may be subjected to the annoyance of a trial in the alleged pending action and to a liability concerning the same cause of action to which he demurs. No such situation is presented by the demurrer in this case. The action relates to a promissory note which had been discounted at a bank, and which the bank had sued. The plaintiff, then a defendant, paid the amount of the claim, “being the amount of said note and interest, and the costs of said action,” in settlement thereof. The…