Gill v. Waterhouse
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Action by John Gill, for whom has been substituted Maurice Mc-Micken, his administrator with the will annexed, against Frank Waterhouse. There was a judgment of dismissal, and plaintiff brings error.
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In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Action by John Gill, for whom has been substituted Maurice Mc-Micken, his administrator with the will annexed, against Frank Waterhouse. There was a judgment of dismissal, and plaintiff brings error. It appears by the complaint herein that the Commercial Bank of Scotland, Limited, with its principal place of business at Edinburgh, Scotland, agreed to make to Frank Waterhouse, Limited, a corporation doing business in London, certain further advances upon…
1Opinion of the Court
WOLVERTON, District Judge.
This brings into the record the sole question of the sufficiency of the testimony to justify the sending of the case to the jury.
The first question presented is whether it was essential that notice should have been given to the defendant by the Commercial Bank of Scotland of the bank’s acceptance of the guaranty; no such notice having been proven. This we will waive, as we deem the testimony insufficient to show that the plaintiff is the owner of the demand of the bank against Frank Waterhouse, limited, or any part of it, together with the guaranty of the defendant,…
2Cases cited7 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Moran v. AbbeyCalifornia Supreme Court · 1883
- Southwestern Fuel Co. v. DanielsonCourt of Appeals for the Eighth Circuit · 1893
- Sloss Iron & Steel Co. v. South Carolina & G. R.Court of Appeals for the Fourth Circuit · 1898
- Penwell v. FlickingerMontana Supreme Court · 1913
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3Cited by5 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- Collins v. StreitzCourt of Appeals for the Ninth Circuit · 1938
- Lawrence Warehouse Co. v. MenaryDistrict Court, S.D. Iowa · 1956
- Stephenson v. Ketchikan Spruce Mills, Inc.Alaska Supreme Court · 1966
- Stephenson v. Ketchikan Spruce Mills, Inc.Alaska Supreme Court · 1966