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Michigan Law Review

1930

Causes of action

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Claims Against The Creditor As Defenses To The Surety, H. W. Arant Dec 1930

Claims Against The Creditor As Defenses To The Surety, H. W. Arant

Michigan Law Review

In the absence of statutory provision, where the surety is sued alone, the generally accepted view is that he can not show the existence of a claim in favor of his principal against the creditor for the purpose of preventing or decreasing the creditor's recovery against him. The view has frequently been applied where the surety, sued alone, sought to set up the creditor's breach of warranty as a defense. It recognizes that such a breach of warranty gives rise to a cause of action against the creditor that belongs solely to the principal debtor. It also recognizes the possibility …


Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act Dec 1930

Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act

Michigan Law Review

See note, supra, on Chicago and N. W. Ry. v. Lindell, 281 U. S. 14, 50 Sup. Ct. 2co, 74 L. ed. (Adv, Op. 272), at page 245 of this number.