Schmidt v. North German Lloyd Steamship Co.

An action was commenced against one of two joint tort feasors in the District Court of the United States and prosecuted to judgment which was duly satisfied. The present action was brought against the other of the tort feasors in this court. The defendant now moves for judgment on the pleadings, it appearing from plaintiff’s reply that the fact of the judgment and satisfaction in the other forum is deemed to be admitted. Plaintiff, in opposition, argues that the termination of a suit against one of two joint tort feasors, whether successful or otherwise, cannot be a bar to another separate…