Buffalo Porcelain Enameling Corp. v. London Assurance Corp.

This is a motion by defendant for leave to serve a supplemental answer setting forth, generally, the following facts, to wit, that since the joinder of issue herein a judgment was rendered against plaintiff of no cause of action in a similar action brought by plaintiff upon the same fire loss against an insurance company which was coinsurer with defendant. In other words, that the two policies varied only in name, date and amount, and that such judgment is res adjudicóla in this action as to the vital provisions of any fire insurance policy upon the premises. For the jury failed to find that…