Cabot v. McMaster
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. This was an action by Samuel Cabot against William I. McMaster upon a bond executed by defendant to secure the performance of a certain contract on the part of one Edwin A. Mason. At the trial the action was dismissed for want of jurisdiction. 61 Fed. 129.
1Opinion of the Court
JENKINS, Circuit Judge.
The plaintiff brought suit in the court below in debt upon a bond in the penalty of $6,000, averring breaches to his damage $6,000, etc. The defendant pleaded (1) nil debet; (2) *534a traverse of the^breaches assigned; (3) performance and payment.' Issue was joined* by similiter to the first plea, and by replications concluding to the country as to the other pleas. At the trial before the court without a jury, the plaintiff put in evidence the bond and the agreement therein referred «to, and gave evidence tending to prove an indebtedness thereunder of $1,496. The defendant…
2Cases cited3 opinions
- Baltimore & O. R. v. MeyersCourt of Appeals for the Seventh Circuit · 1894
- Davis & Rankin Bldg. & Manuf'g Co. v. BarberCourt of Appeals for the Seventh Circuit · 1894
- Cabot v. McMasterDistrict Court, N.D. Illinois · 1894
3Cited by8 opinions
- Morrisdale Coal Co. v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1910
- United States ex rel. County of Iron v. SeverensCourt of Appeals for the Sixth Circuit · 1896
- American Electric Welding Co. v. Lalance & Grosjean Mfg. Co.Court of Appeals for the First Circuit · 1918
- St. Louis Cotton Compress Co. v. American Cotton Co.Court of Appeals for the Eighth Circuit · 1903
- Beck & Pauli Lith. Co. v. Wacker & Birk B. & M. Co.Court of Appeals for the Seventh Circuit · 1896
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