National Surety Co. v. Coates
Supreme Court of Arkansas
Appeal from Pulaski 'Gircuit Court; R. J. Lea, Judge; The court erred in striking out appellant’s plea of res judicata. The pleas interposed by appellant in the former suit were of such nature as went to the existence of the contract itself, and appellee will not be permitted to split up his cause of action and sue for damages alleged to have accrued subsequent to the determination .of that suit. 26 Mo. 583; 93 Ind. 31; 60 Wis. 428; 1 Freeman on Tudgment, 8 8 233-236; 101 U.…
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Appeal from Pulaski 'Gircuit Court; R. J. Lea, Judge; The court erred in striking out appellant’s plea of res judicata. The pleas interposed by appellant in the former suit were of such nature as went to the existence of the contract itself, and appellee will not be permitted to split up his cause of action and sue for damages alleged to have accrued subsequent to the determination .of that suit. 26 Mo. 583; 93 Ind. 31; 60 Wis. 428; 1 Freeman on Tudgment, 8 8 233-236; 101 U. S. 638; 94 U. S. 351; 168 U. S. 48; 179 U. S. 220; 76 Ark. 423; 24 Arb. 177; 18 Ark. 347. See also 39 Ark. 280. Res…
1Opinion of the CourtMcCueeoch, J.
The plaintiff, James Coates, instituted this action against the defendant, National Surety Company, to recover for ,a breach of conditions of a bond in the sum of $1,000, executed by the defendant to plaintiff for the faithful performance by one Bishop of a contract between the plaintiff and Bishop whereby the latter undertook to furnish for the plaintiff a sufficient number of horses and drivers and to properly perform a mail-service contract with the United States covering a period of four years from the first day of July, 1902.
The answer of the defendant as amended contained the following…
2Cases cited5 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Russell v. PlaceSupreme Court of the United States · 1877
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- Bissell v. Spring Valley TownshipSupreme Court of the United States · 1888
- Lumber Co. v. BuchtelSupreme Court of the United States · 1879
3Cited by15 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- JeToCo Corp. v. Hailey Sales Co.Supreme Court of Arkansas · 1980
- The Equitable Life Assurance Society v. BagleySupreme Court of Arkansas · 1936
- Barton v. MeeksSupreme Court of Arkansas · 1946
- Bailey v. SuttonSupreme Court of Arkansas · 1945
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