Wholey v. Columbian National Life Insurance

I think that the case at bar and the equity suit are different causes of action. It is, therefore, immaterial what issues were involved in the equity suit provided that the issue mainly involved in the case at bar was not passed upon in such suit. "The doctrine of res adjudicata does not apply to a subsequent proceeding based on a different cause of action unless the issues therein were both involved and passed upon in the former proceeding." Matteodo v. Pesce, 68 R.I. 188,27 A.2d 109, 111.

Now it is quite proper to inquire in what respect the case at bar differs from the equity suit. That…