Quirke v. Fidelity Trust Co.

The motion at Special Term was for an order dismissing the complaint, first, under rule 106 of the Rules of Civil Practice upon the ground that the complaint does not state facts sufficient to constitute a cause of action; second, under rule 107 upon the ground that there is another action pending between the same parties for the same cause; and third, under rule 107 upon the ground that there is an existing final judgment rendered on the merits determining the same cause of action between the parties. The defendant’s motion was in all respects denied.

The action is to cancel a bond and…