Slote v. Cascade Holding Corp.

Rhodes, J. (dissenting).

The appellant claims that the cause of action alleged in the complaint has been adjudicated previously upon the merits in another action, and that, therefore, the motion of the court below to dismiss the complaint because of the bar of said judgment should have been granted pursuant to rule 107 of the Rules of Civil Practice.

The gravamen of the action is fraud, the complaint charging that heretofore the Peter Barmann Brewing Company, Inc., made and delivered its bond and mortgage to the Kingston Trust Company, which by mesne assignments, through the fraudulent…