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67 Colo. 530

Mason v. Walker

Supreme Court of Colorado

Decided September 15, 1919

Supreme Court of Colorado · decided 1919-09-15

<p>Judgment — Conclusive Effect. Action upon sundry promissory notes. Payment pleaded. Reply averring prior adjudication, to the contrary. The issue was tried and a verdict directed for plaintiff.</p>

Decided 1919-09-15

Mr. Justice Denison

¶1delivered the opinion of the court.

¶2This was a suit by Walker against Mason upon promissory notes. The defendant pleaded payment. The plaintiff denied' payment and added a further replication pleading res adjudicata on that issue.

¶3The court directed a verdict for the plaintiff, and rendered judgment accordingly. The defendant brings error and asks for a supersedeas.

¶4By the replication and by the evidence it appeared that Mason had preyiously brought a suit against Walker concerning the same notes, alleging that they had been paid and praying their cancellation. Payment was denied by the then defendant, Walker, and that issue was tried and determined in his favor.

¶5It thus appears that as to the identical notes, the identical issue, payment vel non, had been previously adjudicated in Walker’s favor against the defendant, Mason.

¶6The law is familiar and requires no authority; the judgment is right; the supersedeas should be denied and the judgment affirmed.

¶7Garrigues, C. J., and Scott, J., concur.

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