Shapiro

The defendant in its answer averred that the trade acceptance for $398.50 herein sued upon was “pleaded in the answer” of plaintiff’s assignor, Harvey, in an action of R. G. Whitlock Company against Harvey, the said Harvey (under the fictitious name Harvey Machine Co.), being the payee named in the trade acceptance; “that the issues in this action were in said former action fully determined and adjudicated.”

At the trial of the present action appellant offered in evidence the judgment-roll in the former action, together with a paragraph of the instructions of the court to the jury in that action, and a part of the evidence received at the trial. To these offers the respondent objected. There does not appear to have been an immediate ruling on the objections. The matters thus offered are set out in the transcript. Immediately following this record of the evidence the court made a general ruling covering said preceding matters, giving its reasons therefor, and sustained the objections. The court held that the plea of res ad judicata failed because the subject matter of the former action was not the same as the present action, and because the parties are not the same, and because…