Grau v. McVicker
U.S. Circuit Court for the Northern District of Illnois
This was an action of assumpsit [by Maurice Grau against James H. McVicker]. Defendant pleaded in defense a breach of lease and amount due thereon as a set-off. Demurrer to the plea.
1Opinion of the Court
DRUMMOND, Circuit Judge.
The questions involved in this ease are of much interest and rather peculiar. The facts seem to be substantially these: That the defendant having in his possession some funds belonging to the plaintiff, was sued by him in an action of assumpsit to recover the amount, and to the declaration filed in the case the defendant alleged as a defense a contract made between him and the plaintiff on the 27th day of June, 1873, by which the plaintiff “representing” (as is interpolated in the original contract) “Messrs. C. A. Chizzola and Company,” agreed to rent defendant’s…
2Cases cited6 opinions
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Holloway v. GriffithSupreme Court of Iowa · 1871
- Franchot v. LeachNew York Supreme Court · 1826
- Crabtree v. MessersmithSupreme Court of Iowa · 1865
- Traver v. HalstedNew York Supreme Court · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Sullivan v. McMillanSupreme Court of Florida · 1890
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- In re SternCourt of Appeals for the Second Circuit · 1902