McGuire v. Gerstley
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendants from a judgment of the Supreme Court of the District of Columbia entered on a demurrer to defendants’ plea, in an action on a bond.
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Hearing on an appeal by the defendants from a judgment of the Supreme Court of the District of Columbia entered on a demurrer to defendants’ plea, in an action on a bond. The Court in the opinion stated the facts as follows: The appellees, Rosskam, Gerstley, & Co., brought this action against John F. Monaghan, J. Charles McGuire, John W. Clark, and William McGuire, upon a bond executed by them, under seal, on September 11, 1903, and binding them to the plaintiffs in the sum of $5,000. The purpose and condition of the said bond read as follows: “Whereas, the above bounded John F. Monaghan and…
1Opinion of the CourtChief Justice Shepard
1. The court did not err in sustaining plaintiffs’ demurrer to the joint pleas of set-off filed hy J. Charles McGuire and William McGuire, principal and surety, respectively.
The plea of set-off is in the nature of a cross action by the defendant, who, it is declared in the Code, “shall be deemed to have brought an action, at the time of filing such plea, against the plaintiff for the matters mentioned in the plea.” When such plea has been filed, the plaintiff may not discontinue his action without the defendant’s consent, and, whether he undertakes to maintain his claim or not, “the defendant…
2Cases cited12 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Burke v. DulaneySupreme Court of the United States · 1894
- Karrick v. HannamanSupreme Court of the United States · 1897
- Dushane v. BenedictSupreme Court of the United States · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Corto v. National Scenery Studios, Inc.District of Columbia Court of Appeals · 1997
- Baylor v. BortolussiDistrict of Columbia Court of Appeals · 1963
- Tendler v. L. E. Massey, Inc.District of Columbia Court of Appeals · 1943