Legal Opinion

McGuire v. Gerstley

Supreme Court of the United States

Decided February 25, 1907No. 168PublishedCited by 17 opinions

ERROR TO THE COURT OE APPEALS OP THE DISTRICT OP COLUMBIA. The defendants in error, who were the plaintiffs below, and are hereafter so called, brought an action in the Supreme Court of the District of Columbia on December 10, 1904, against the plaintiffs in error and others, hereafter called the defendants, on a bond, and obtained a judgment, which was- entered February 24, 1905, for 15,000 and interest thereon from that date.

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ERROR TO THE COURT OE APPEALS OP THE DISTRICT OP COLUMBIA. The defendants in error, who were the plaintiffs below, and are hereafter so called, brought an action in the Supreme Court of the District of Columbia on December 10, 1904, against the plaintiffs in error and others, hereafter called the defendants, on a bond, and obtained a judgment, which was- entered February 24, 1905, for 15,000 and interest thereon from that date. On appeal the Court of Appeals of the District affirmed the judgment, 26 App. D. C. 193, and the defendants (the two McGuires) brought the case here by writ of error.…

1Opinion of the Court

Mr. Justice Peckham,,after making the foregoing state-, '.ment, delivered the opinion of the court.

The declaration in this case is attacked by the defendants under the rule that the court will go back to the first substantial defect appearing in the' pleadings- before the’filing of the demurrer. The criticism made by the defendants-upon the declaration is that it does not sufficiently show a violation of the terms of the bond. The defendants. say the bond limits the liability of the sureties to pay for such mer chandise only as was sold on a four months’ credit, and that the declaration does…

2Cases cited3 opinions

  1. Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
  2. Karrick v. HannamanSupreme Court of the United States · 1897
  3. Domestic Sewing Machine Co. v. WebsterSupreme Court of Iowa · 1877

3Cited by17 opinions

  1. Lambert v. Georgia Power Co.Supreme Court of Georgia · 1936
  2. New Amsterdam Casualty Co. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Fourth Circuit · 1927
  3. Davis Erection Co., Inc. v. JorgensenNebraska Supreme Court · 1995
  4. Harris v. HirschfeldCalifornia Court of Appeal · 1936
  5. Tubular Rivet & Stud Co. v. Exeter Boot & Shoe Co.Court of Appeals for the First Circuit · 1908

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