Yates v. Utica Bank, 206 U.S. 181 (1907)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 206 U.S. 158, click here.

Yates v. Utica Bank

No. 231-233.

Argued March 8, 11, 1907
Decided May 13, 1907
206 U.S. 181

ERROR TO THE SUPREME COURT

OF THE STATE OF NEBRASKA

Syllabus

Yates v. Jones National Bank, ante, p. 158, followed, and held further:

That a judgment was rendered upon demurrer does not affect its cogency if it is otherwise efficacious to bring into play the presumption of the thing adjudged.

A judgment of dismissal based on the ground that plaintiff in an action against the directors of a national bank had not set up any individual wrong suffered by him but solely an injury sustained in common with all other creditors of the bank, is not res adjudicata of a right of action between the same parties to recover for individual loss suffered, as distinct from the right of the bank.

The facts are stated in the opinion.