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American Mills Co. v. American Surety Co., 260 U.S. 360 (1922)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
American Mills Co. v. American Surety Co., 260 U.S. 360 (1922)
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American Mills Co. v. American Surety Company No. 118 Argued November 24, 1922 Decided December 11, 1922 260 U.S. 360
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. In a suit to cancel a written guaranty for fraud, the defense that the plaintiff has an adequate remedy at law by defending actions brought by the defendant on the guaranty is waived by the defendant where, without insisting upon it, as he might, he introduces proof, under a counterclaim for the amount of the guaranty, putting the instrument in evidence. P. 363.
2. The provision of Equity Rule 30 that the answer must state any counterclaim arising out of the transaction which is the subject matter of the suit applies only to equitable, not to legal, claims. P. 363.
273 F. 67, affirmed.
Certiorari to a decree of the circuit court of appeals affirming a decree of the district court which cancelled a written guaranty for fraud.
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Chicago: U.S. Supreme Court, "Syllabus," American Mills Co. v. American Surety Co., 260 U.S. 360 (1922) in 260 U.S. 360 260 U.S. 361. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=WBI14UPSEAY2YAA.
MLA: U.S. Supreme Court. "Syllabus." American Mills Co. v. American Surety Co., 260 U.S. 360 (1922), in 260 U.S. 360, page 260 U.S. 361. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WBI14UPSEAY2YAA.
Harvard: U.S. Supreme Court, 'Syllabus' in American Mills Co. v. American Surety Co., 260 U.S. 360 (1922). cited in 1922, 260 U.S. 360, pp.260 U.S. 361. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=WBI14UPSEAY2YAA.
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