Legal Opinion

Treadwell v. Corker & Smith

Court of Appeals for the Fifth Circuit

Decided October 9, 1917No. 3086PublishedCited by 1 opinion

In Error to the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. Action by Corker & Smith against A. P. Treadwell. There was a judgment for plaintiff, and defendant brings error.

1Per curiam

This was an action by the defendants in error (hereinafter referred to as the plaintiffs)' against the plaintiff in error (hereinafter referred to as the defendant) to recover an amount claimed to be due under ah alleged contract. To the plaintiff’s petition the defendant interposed a plea denying the alleged indebtedness, and also a plea of recoupment seeking, to recover of the plaintiff an amount greater than that claimed in the plaintiff’s petition. The plaintiff demurred to the last-mentioned special plea as it was amended.

With reference to this demurrer the record shows that the court…

2Cases cited5 opinions

  1. La BourgogneSupreme Court of the United States · 1908
  2. Kingman v. Western Manufacturing Co.Supreme Court of the United States · 1898
  3. Bank of Rondout v. SmithSupreme Court of the United States · 1895
  4. Maas v. LonstorfCourt of Appeals for the Sixth Circuit · 1908
  5. Webster Coal & Coke Co. v. CassattSupreme Court of the United States · 1907

3Cited by1 opinion

  1. J. W. Darling Lumber Co. v. PorterCourt of Appeals for the Fifth Circuit · 1919

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