This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Even though the two causes of action may arise out of the same contract, a judgment in the first action does not operate as a merger of the second cause of action, if the two causes are in fact distinct.1 If one who holds notes secured by a chattel mortgage brings an action in replevin to secure possession of the mortgaged property, as well as a separate action on the notes, and he seeks no relief in the action of replevin except possession, a judgment granting him possession of the mortgaged property does not merge the right of action on the notes.2 A judgment rendered in an action for wages earned does not merge a subsequent claim for damages for discharge.3 On the other hand, a judgment for damages for breach of a contract of employment, is said not to merge a right of action for wages, commissions, and the like, which had already been earned.4 A judgment upon an interest coupon which is attached to a bond, establishes the validity of the bond, but it does not operate as a merger thereof.5
8 See Sec. 1504 et seq.
9 Home Insurance Co. v. Tate Mercantile Co., 117 Miss. 760, 78 So. 709.
1 Colorado. Gibbe v. Security Trust & Savings Bank. - Colo. - , 176 Pac. 827.
Connecticut. Viall v. Lionel Manufacturing Co., 90 Conn. 694, 98 Atl. 329.
Indiana. Chicago & S. E. Ry. v. Yawger, 24 Ind. App. 460, 56 N. E. 50.
Kentucky. Chicago, M. & G. Ry. v. Dodds. 167 Ky. 624, 181 S. W. 666.
Massachusetts. Badger v. Titcomb, 32 Mass. (15 Pick.) 409, 26 Am. Dec. 611.
Minnesota. Przblyski v. Pellowski 141 Minn. 193, 169 N. W. 707.
Missouri. Baumhoff v. St. Louis & Kirkwood Railroad Co., 205 Mo. 248, 120 Am. St. Rep. 745, 104 S. W. 5.
New York. Beach v. Grain, 2 N. Y. 86, 49 Am. Dec. 369; Townsley v. Niagara Life Ins. Co., 218 N. Y. 228, 112 N. E. 924.
2Gibbs v. Security Trust & Savings Bank, - Colo. - , 176 Pac. 827.
3 Chicago A S. E. Ry. v. Yawger, 24 Ind. App. 460, 56 N. E. 50.
4Town8ley v. Niagara Life Ins. Co., 218 N. Y. 228, 112 N. E. 924.
5 Garden City v. Bank, 65 Kan. 345, 93 Am. St. Rep. 284, 69 Pac. 325.