Topeka State Bank v. Waters

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover on a promissory note. The defense was that plaintiff was estopped by reason of a previous action, which made the issue res judicata. Defendant prevailed, and the plaintiff appeals.

The note in controversy was executed by one William T. Squires to the defendant as payee, who indorsed it to the plaintiff bank. It was secured by a second mortgage on land in Jackson county. Action was commenced to foreclose the first mortgage. The bank was made a defendant in that action, filed an answer and cross petition, and…