Smith v. Kirkpatrick
Court of Appeals of New York
111 N.E.2d 209 (1953)
Relevant factsFree
Smith's (plaintiff) first suit against Kirkpatrick (defendant), alleging an express partnership or joint venture entitling him to half the profits, was dismissed on the merits for insufficient evidence and not appealed; he then filed a second suit seeking the reasonable value of his services under quantum meruit, and Kirkpatrick moved to dismiss on res judicata grounds, which the trial court denied but the Appellate Division reversed.
IssueFree
Whether res judicata bars a subsequent lawsuit between the same parties where the initial and subsequent suits involve different "rights" and "wrongs" and where the two causes of action require different elements of proof and evidence.