Purvin v. Grey

This action was instituted by the plaintiff to reach certain premiums and accrued interest paid by the deceased insolvent judgment debtor upon policies issued on his life. The sufficiency of the complaint has been approved by the Court of Appeals (294 N. Y. 282). The defendant has interposed an answer thereto containing as a first defense a plea of res *655judicata. The validity of the defense is dependent upon the scope of the court’s decision in an earlier action, wherein the complaint was dismissed and the dismissal affirmed up to the Court of Appeals (292 N. Y. 671). An examination of the…