United States v. Jacoby
Superior Court of Delaware
This was an action of debt on a bond guaranteeing the construction of certain sewers in the city of Washington, D. C., and payment for the labor and materials supplied in the prosecution of the work; being Number 43 to the November Term, 1901. The principal in the bond having died, suit was brought against the surviving sureties, Joseph L. Carpenter, Jr. and John P. Allmond.* The fifth plea of the defendants was as follows: “ 5. And the said defendants, with leave of the…
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This was an action of debt on a bond guaranteeing the construction of certain sewers in the city of Washington, D. C., and payment for the labor and materials supplied in the prosecution of the work; being Number 43 to the November Term, 1901. The principal in the bond having died, suit was brought against the surviving sureties, Joseph L. Carpenter, Jr. and John P. Allmond.* The fifth plea of the defendants was as follows: “ 5. And the said defendants, with leave of the Court here, according to the form of the statute in such case made and provided, come and further defend the wrong and…
1Opinion of the Court
After hearing argument, the Court overruled the demurrer and sustained the pleas; and at the election of plaintiffs’ counsel judgment of respondeat ouster was entered.
Defendants tenth plea set out a former recovery as a bar to the plaintiff’s action.
To said tenth plea the plaintiffs filed the following replication :
“ And the said plaintiffs as to the said plea of the said defendants by them tenthly above pleaded, saith that the said plaintiffs by reason of anything by the said defendants in that plea alleged, ought not to be barred from having and maintaining their aforesaid action thereof…
2Cases cited7 opinions
- Griswold v. SedgwickNew York Supreme Court · 1828
- Lytle v. Lee & RugglesNew York Supreme Court · 1809
- Russell v. RogersNew York Supreme Court · 1836
- Strong v. SmithNew York Supreme Court · 1805
- Gould v. RayNew York Supreme Court · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lytle, Campbell & Co. v. Somers, Fitler & Todd Co.Supreme Court of Pennsylvania · 1923
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
- B. F. & C. M. Davis Co. v. W. E. Callaghan Const. Co.Texas Commission of Appeals · 1927
- Union Indemnity Co. v. State Ex Rel. R. S. Armstrong & Bro.Supreme Court of Alabama · 1928
- United States ex rel. Galliher & Huguely, Inc. v. James Baird Co.Court of Appeals for the D.C. Circuit · 1934
3 more not listed; retrieve them via the Exa API.