President of North Bank v. Brown

The opinion of the Court was drawn up by

Tenney, C. J.

This is an action against the defendant, as indorser of two negotiable promissory notes of hand. The defence is, that, after this suit was commenced, the plaintiffs caused another suit to bo instituted in the State of New York, against the defendant for the same cause; that personal service was made upon him, and ho appeared in court, answered to the action, and defended till judgment was rendered against him for the amount of the two notes declared, and for costs.

The doctrine is well established, that a judgment, between parties, both of…