Furman v. Furman

This is a motion made by the defendant Furman pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that a prior action between the parties is res judicata herein.

The" complaint alleges that the plaintiff and the defendant Fur-man, his wife, deposited the sum of $30,528.05 in various banks under various fictitious names for the plaintiff’s sole benefit; that the defendant wife withdrew and converted this money to her own use without the knowledge or consent of" the plaintiff, and that the defendant wife turned over $20,000 of this sum to…