58 Neb. 44 | Neb. | 1899
In September, 1886, John R. Johnston and George D. Stevens sold to Elmer E. Spencer eleven shares of the stock of the Crete Globe Publishing Company for the sum of $1,000. No part of the purchase price was paid in cash, but in lieu thereof the vendors accepted a note signed by Elmer E. Spencer as principal and his father, J. G. Silencer, as surety. In the following December, in order to obtain a controlling interest in the company, Mr. Spencer was induced to buy of one J. W. Craig seven more shares of stock, for which he gave $400 in cash and a promissory note for $200. Both of the Spencer notes were transferred to the State Bank of Crete, of which
There is no dispute about the facts. Elmer E. Spencer sued Johnston and Stevens and recovered against them
The next question argued by the defendants is their right to present as a defense to this action the facts alleged in the petition in the case wherein Elmer E. Spencer recovered judgment against Johnston and Stevens. We think, the right did not exist. Those facts were once submitted for judicial investigation in an action between the same parties, the jury made its finding in regard to them, and the court rendered judgment accordingly. There ought to be an end to litigation. No man ought to be twice vexed with the same controversy. Considerations of public policy forbid the maintenance of an original action or a cross-action upon a matter, between the same parties, which has been already tried and adjudicated. Indeed, the mere pendency of the action in Lancaster county, without judgment, would constitute a good and sufficient plea in abatement. (Monroe v. Reid, 46 Neb. 316; State v. North Lincoln Street R. Co., 34 Neb. 634; Demond v. Crary, 1 Fed. Rep. 480; Beyersdorf v. Sump, 39 Minn. 495, 41 N. W. Rep. 101.)
In regard to the purchase of the Craig stock it is sufficient to say that the facts pleaded fall far short of charging actionable-fraud. It is not alleged that the purchase was induced by the representations made by Johnston and Stevens in September, 1886. Neither is it averred that Spencer was at the time of the purchase ignorant of the value of the stock of the Globe Publishing Company or of the condition of its financial affairs. Without these elements this branch of the answer is palpably defective.
It is finally asserted that J. G. Spencer, not being a
Affirmed.