Legal Opinion
Morris, Wheeler & Co. v. Rust Engineering Co.
District Court, D. Delaware
Decided March 2, 1945No. Civil Action No. 311PublishedCited by 12 opinions
1Opinion of the Court
LEAHY, District Judge.
1. A third-party defendant may not set up a counterclaim against the original plaintiff where such plaintiff has asserted no claim against such defendant. Under Rule 14, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. “The plaintiff may amend his pleadings to assert against the third-party defendant any claim which the plaintiff might have asserted against the third-party defendant *309had he been joined originally as a defendant.” Here, plaintiff has not amended its complaint and has asserted no claim against the third-party defendant. There is no…
2Cases cited8 opinions
- Osthaus v. ButtonCourt of Appeals for the Third Circuit · 1934
- Hoskie v. Prudential Ins. Co. of AmericaDistrict Court, E.D. New York · 1941
- Thompson v. CranstonDistrict Court, W.D. New York · 1942
- Sklar v. HayesDistrict Court, E.D. Pennsylvania · 1941
- Johnson v. G. J. Sherrard Co.District Court, D. Massachusetts · 1941
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Revere Copper and Brass Incorporated v. The Aetna Casualty and Surety Company, and Third-Party v. George A. Fuller Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
- Curtis Fawvor v. Texaco, Inc., Defendant-Third-Party v. Foster Wheeler Corporation, Third-Party B & B Insulation, Inc., Defendant-Third-PartyCourt of Appeals for the Third Circuit · 1977
- Steinberg v. American Bantam Car Co.District Court, W.D. Pennsylvania · 1948
- Heintz & Co. v. Provident Tradesmens Bank & Trust Co.District Court, E.D. Pennsylvania · 1962
- Cincinnati Milacron Industries, Inc. v. Aqua Dyne, Inc.District Court, S.D. Ohio · 1984
7 more not listed; retrieve them via the Exa API.