Banigan v. Woonsocket Rubber Co.
Supreme Court of Rhode Island
Assumpsit. The-plaintiff brought this suit, and two days later the defendant began an action of debt against the plaintiff. Afterwards the defendant filed a plea in set-off to the present action, and sought to avail itself by said plea of the same causes of action declared upon in its suit against the plaintiff. To the plea in set-off the plaintiff replied, setting up the defendant’s action in abatement of the plea.
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Assumpsit. The-plaintiff brought this suit, and two days later the defendant began an action of debt against the plaintiff. Afterwards the defendant filed a plea in set-off to the present action, and sought to avail itself by said plea of the same causes of action declared upon in its suit against the plaintiff. To the plea in set-off the plaintiff replied, setting up the defendant’s action in abatement of the plea. Upon demurrer to the replication, the Appellate Division overruled the demurrer and remanded the case to the Common Pleas Division. Thereupon the defendant discontinued its action…
1Opinion of the Court
Matteson, C. J.(1) Our opinion is that the defendant should have been permitted to file a rejoinder, setting up its discontinuance as to the claims pleaded in set-off of its suit of August 8, 1896, to the replication of a pending suit to the plea in set-off. Notwithstanding authorities to the contrary cited by the plaintiff, 1 Chit. PL *470; Com. v. Churchill, 5 Mass. 174; Demond v. Crary, 1 Fed. Rep. 480; Swart v. Borst, 17 How. Pr. 69, we think the tendency of the later cases and a preponderance of authority sustain the defendant’s contention that it is a good answer to a plea of the pendency…
2Cases cited7 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Renner & Bussard v. MarshallSupreme Court of the United States · 1816
- Warder v. HenrySupreme Court of Missouri · 1893
- Nicholl v. MasonNew York Supreme Court · 1839
- Page v. MitchellSupreme Court of Minnesota · 1887
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