TAKOMA PARK BANK, INC.

v.

ABBOTT

Citator

Cited By

• Estevez v. Nabers, 219 F.2d 321 (5th Cir. 1955)
  …on the ground of the non-existence of some fact essential to the plaintiff’s cause of action, a second action is not barred after such fact has subsequently come into existence. West v. American T. & T. Co., 6 Cir., 121 F. 2d 142, certiorari denied 314 U.S. 672, 62 S.Ct. 138, 86 L.Ed. 537; Radick v. Underwriters at Lloyd’s, London, 7 Cir., 137 F. 2d 21; Restatement, Judgments, Sec. 54. See also Safeway Stores, Inc. v. Porter, supra. The cardinal principle is that the second action is precluded unless the…
• Aetna Cas. & Sur. Co. v. Abbott, 130 F.2d 40 (4th Cir. 1942)
  …50,000 in gold certificates and $500 in other funds from a safety deposit box which he had rented from that bank. The judgment was affirmed by the Court of Appeals of Maryland. Takoma Park Bank v. Abbott, 179 Md. 249, 19 A. 2d 169, certiorari denied 314 U.S. 672, 62 S.Ct. 134, 86 L.Ed. -. The complaint alleged the recovery of the judgment, the insolvency of the bank, the return unsatisfied of a fi. fa. issued to enforce the judgment, the issuance by the defendant to the bank of a safe deposit liability poli…
• Ouida J. Weissinger v. United States, 423 F.2d 782 (5th Cir. 1968)
  …t on the ground of the nonexistence of some fact essential to the plaintiff’s cause of action, a second action is not barred after such fact has subsequently come into existence. West v. American T. & T. Co., 6 Cir., 121 F. 2d 142, certiorari denied 314 U.S. 672, 62 S.Ct. 138, 86 L.Ed. 537; Radick v. Underwriters at Lloyd’s, London, 7 Cir., 137 F. 2d 21; Restatement, Judgments, Sec. 54. See also Safeway Stores, Inc. v. Porter, supra, Em.App., 154 F. 2d 656. 219 F. 2d at 323. The court’s reference to non-ex…

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