First National Bank v. Lewinson
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before B. S. Baker, Associate Justice. The right of suit upon the original cause of action against individual members of the firm after suit or judgment upon said cause of action against the firm is expressly provided for in section 2943 of the Compiled Laws of New Mexico for 1897. As to parties it may be of interest to consider the provisions of sections 2894, 2895, 2942, 2943 and 2946, of the same statute.
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Appeal from the district court of Bernalillo county, before B. S. Baker, Associate Justice. The right of suit upon the original cause of action against individual members of the firm after suit or judgment upon said cause of action against the firm is expressly provided for in section 2943 of the Compiled Laws of New Mexico for 1897. As to parties it may be of interest to consider the provisions of sections 2894, 2895, 2942, 2943 and 2946, of the same statute. If a judgment, against a firm only, does not constitute a cause of action against one of the individuals composing the firm, but not…
1Opinion of the Court
OPINION.
PARKER, J.
1 In the first action, upon the note against the firm, as such, the parties were not the same as in the present action, and that judgment can not be held to be a bar to this action for that reason. The second action, upon the first judgment, was between the same parties as the present one and, if upon the same cause of action, is a bar to the present one. Is, then, the judgment recovered in the first case and used as a cause of action in the second case, the same cause of action sued on in this case, viz.: the note ? The exact question has been presented, so far as we are…
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