Porter v. Ackerman

Ackerman has a contingent claim for contribution against Kim unless that claim was impaired by the 1972 judgment between Porter and Kim. Cf. Hayon v. Coca Cola Bottling Co., 375 Mass. 644 (1978); O’Mara v. H.P. Hood & Sons, 359 Mass. 235 (1971). Ackerman has argued that the 1972 judgment could not be given any such effect because it was “not on the merits” or “without prejudice.” But it appears from G. L. c. 231, § 64, and Superior Court Rules 36 and 37, see also G. L. c. 250, § 15 — all as in force in 1972 prior to the adoption of our Civil Rules — that a judgment of nonsuit for failure to…