JUDGMENTS-RES JUDICATA BETWEEN ADVERSE CODEFENDANTS

ln an attempt to enforce a personal judgment, the judgment creditor brought a statutory equity suit jointly against the judgment debtor (plaintiff in the present suit) and the defendant insurance company to reach and apply the proceeds of a motor vehicle liability policy. The bill was dismissed as to the insurance company. In a subsequent action by plaintiff on the policy, the answer set up the equity decree as res judicata. Plaintiff demurred on the ground that the answer failed to allege that the parties were adversaries inter sese under the pleadings of the former suit. Held, order overruling the plaintiff\u27s demurrer sustained. The answer alleged that the parties had been adversaries and had litigated the issues involved in the action on the policy. It cannot be said as a matter of law that an answer which sets up the defense of res judicata must allege that the parties were adversaries under the former pleadings. Gleason v. Hardware Mutual Casualty Company, 324 Mass. 695, 88 N.E. (2d) 632 (1949)