Viajes Galiana, Inc. v. Gonzaez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• allowing counterclaim against individual members of partnership, and noting that “judgments rendered on partnership demands result in an immediate pro rata gain to the individual partners, since they actually own the claim in most senses”
• permitting counterclaim against individual partnership members, stating “judgments rendered on partnership demands result in an immediate pro rata gain to individual partners, since they actually own the claim in most senses”
• permitting counterclaim against individual partnership members, stating “judgments rendered on partnership demands result in an immediate pro rata gain to individual partners, since they actually own the claim in most senses”
• “The salutary objectives of the counterclaim rules should not turn on the sequence of the names in the pleadings____”
• rules should not be read as “permitting partners to avoid individual counterclaims by the simple expedient of bringing the action in the name of the partnership and omitting their own names entirely”
• “We think it apparent that Congress intended the [1863 Act on which §§ 1503 and 2508 were based], formulated in general phrases, to enable the Government to make as full use of its counterclaim power as accepted or respected principles allow at any particular time.”

Source: CourtListener parenthetical corpus (CC0).