EVANS v. ELY

No. 3919.

30 F.2d 912 (1929)

EVANS v. ELY.

Circuit Court of Appeals, Third Circuit.

February 20, 1929.


Attorney(s) appearing for the Case

Pepper, Bodine, Stokes & Schoch and Isaac A. Pennypacker, all of Philadelphia, Pa., for appellant.

Guckes, Shrader, Burtt & Thornton, and J. Rech Guckes, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

There were two suits in assumpsit between the same parties, arising out of the same transaction, tried in the same court on substantially the same evidence but on different causes of action. In the latter action, the one here on appeal, the trial court directed a verdict for the defendant on holding that the judgment in the former action — in which it found the same matters here involved had been determined — operates as an estoppel...

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