Belleau v. Thompson
Cases that cite this one
10 later published cases cite this decision.
- Tomales Bay Oyster Corp. v. Superior Court (Cal. 1950)
- Somers v. Bank of America (Cal. Ct. App. 1947)
- El Reno Wholesale Grocery Co. v. District Court of the Seventeenth Judicial District (Okla. 1932)
- Johnson v. Cullinan (Okla. 1923)
- Ramsey v. District Court of the Sixth Judicial District ex rel. Lemhi County (Idaho 1920)
- Cooper v. German National Bank (Colo. App. 1897)
- Cooper v. German National Bank (Colo. App. 1897)
- Harrison v. McCormick (Cal. 1886)
- Roberts v. Donovan (Cal. 1886)
- Lyon v. Petty (Cal. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The matter contained in the answer of Stow may constitute a good defence to the action, hut it does not constitute a counter claim upon which he can obtain any relief against the plaintiff. A counter claim is a cause of action in favor of the defendant upon which he might have sued the plaintiff and obtained affirmative relief in a separate action. Had Stow sued the plaintiff in a separate action, upon the facts stated in his answer, what relief could he have obtained ? Nothing short of a cancellation of the note, or his indorsement thereon, would afford him’ any relief. He could have obtained neither, for the plaintiff* notwithstanding she may not be able to recover against Stow, is entitled to hold the note as against Thompson, and to hold the indorsement of Stow for the purpose of malting title.
Order affirmed.
Neither Mr. Justice Shatter nor Mr. Chief Justice Currey expressed an opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.