145 N.W. 553 | S.D. | 1914
Brom the overruling of a demurrer to the complaint defendant appeals. The complaint, in substance, alleges that defendant is a life insurance company; that plaintiff, in August, 1908, executed a promissory note for $93.80 for the first premium on a life insurance policy thereafter to be issued by the defendant on the life of plaintiff; that >at the time of the making of said note the same was delivered and left in escrow with one
It is the contention of appellant that all the matters and things alleged in said complaint, which constitutes -plaintiff’s cause of action, were, or might have been, litigated in the action of Walker & Walpole, mentioned in the complaint, and that the same is res judicata, and that plaintiff is now estopped'and concluded by said judgment from again litigating the same issues.
The order appealed from is -affirmed.