Bakos v. Wilk

This case raises the question of whether a subsequent action on a contract is barred by considerations of issue preclusion when two promissory notes that were arguably executed as part of the “same transaction” are overdue and an action is sought to be brought on the second note after the plaintiff has secured judgment on the first note.

The factual background out of which the res judicata assertions arise is as follows.

In the trial court, the plaintiff brought an action of contract seeking to recover the sum of $11,958.63, the balance assertedly due on a promissory note of a corporation…