Ney v. Zimmerman

Smith, J.:

This action is brought to recover against the defendants for failure to deposit kronen in a Hungarian bank. There are two causes of action alleged, and there is but a single question of law involved. The defendants set up that there is a cause of action pending involving the same subject-matter, and also that a judgment has been rendered in favor of the defendants in another action brought upon the same cause of action. The facts appearing, upon motion the complaint was dismissed as barred by this prior judgment.

There is no proof of any other pending action. The only question…