42 F. 585 | U.S. Circuit Court for the District of Minnesota | 1890
This is an action brought by Keator against St. John on the ground that, while St. John was his agent forthe purpose of purchasing some pine lands, he (St. John) received some $18,000 from the other side, which he converted to his own use, and which was paid in fact by the present plaintiff in the case. If that was so, it undoubtedly was a good foundation for an action, and as the case is presented on this motion that much is conceded. But St. John presents to the court asa defense a former trial and a judgment in the state court, which is alleged to be for the same subject-matter between the same parties, in which a judgment was rendered against him for $5,000, which stands unreversed, and which, he claims, is a bar to the suit now before us. If that were so, if that were for the same cause of action, and between the same parties, it would be a bar. The defendant states that at the introduction of the record of the former suit he asked the court to tell the jury, not that, it was a bar, but that they must find a verdict for the defendant on that ground. There is no assignment of that as an error, because the court was not bound to say to the jury: “These are the same parties, and the tacts proved in the state court are the same facts proved in this court.”