Legal Opinion
Berry v. Chrysler Corporation
Court of Appeals for the Sixth Circuit
Decided July 23, 1945No. 9977PublishedCited by 45 opinions
1Opinion of the Court
ALLEN, Circuit Judge.
This case presents the question of the application of the statute of limitations of the State of Michigan to an action alleging fraud and deceit in the procurement of a series of contracts. The defense of the statute was raised by motion to dismiss, which was sustained by the District Court. Appellants contend that the dismissal constituted reversible error, both upon the ground that the defense should have been raised by answer, and also upon the merits.
The first contention is based upon the provisions of Rule 8(c) of the Rules of Civil Procedure, 28 U.S.C.A. following…
2Cases cited12 opinions
- Continental Collieries, Inc. v. ShoberCourt of Appeals for the Third Circuit · 1942
- Leimer v. State Mut. Life Assur. Co.Court of Appeals for the Eighth Circuit · 1940
- Tahir Erk v. Glenn L. Martin Co.Court of Appeals for the Fourth Circuit · 1941
- A. G. Reeves Steel Const. Co. v. WeissCourt of Appeals for the Sixth Circuit · 1941
- Briggs v. BrushaberMichigan Supreme Court · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Suckow Borax Mines Consolidated, Inc. v. Borax Consolidated, LimitedCourt of Appeals for the Ninth Circuit · 1950
- Beal v. General Motors CorporationDistrict Court, D. Delaware · 1973
- Gideon J. Rohner, Jr. v. Union Pacific Railroad Company, a Utah CorporationCourt of Appeals for the Tenth Circuit · 1955
- Sam B. Herron, Sr. v. V. A. Herron, JrCourt of Appeals for the Fifth Circuit · 1958
- Brictson v. WoodroughCourt of Appeals for the Eighth Circuit · 1947
40 more not listed; retrieve them via the Exa API.