Kimber v. Young
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Virginia Kimber sued Frank C. Young to recover damages alleged to have been caused by his deceit and breach of warranty in respect of certain corporate bonds purchased by her. A demurrer directed to her amended complaint, which was in two counts, was sustained by the circuit court. She elected to stand upon her pleading, and judgment was accordingly rendered that she take nothing by her action.
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In Error to the Circuit Court of the United States for the District of Colorado. Virginia Kimber sued Frank C. Young to recover damages alleged to have been caused by his deceit and breach of warranty in respect of certain corporate bonds purchased by her. A demurrer directed to her amended complaint, which was in two counts, was sustained by the circuit court. She elected to stand upon her pleading, and judgment was accordingly rendered that she take nothing by her action. This writ of error is to review the judgment. The first count contained the charge of deceit, and it consisted of the…
1Opinion of the Court
HOOK, Circuit. Judge,
aftér stating the case as above, delivered -the opinion of the court.
Eight grounds were assigned in defendant’s' demurrer, but, so far’as they need be considered, they present but three questions: Was there an improper joinder of- causes of action in the same complaint? :Did the first count state a cause of action for deceit? Did the second count state a cause of action for breach of warranty ?
There,was no misjoinder of the causes of action. The existence -of’= .one \yas . entirely compatible . with the existence of the other. -They grew out of and presented but different…
2Cases cited24 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Smith v. RichardsSupreme Court of the United States · 1839
- Cooper v. SchlesingerSupreme Court of the United States · 1884
- Dushane v. BenedictSupreme Court of the United States · 1887
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3Cited by31 opinions
- Twachtman v. ConnellyCourt of Appeals for the Sixth Circuit · 1939
- Tooker v. AlstonCourt of Appeals for the Eighth Circuit · 1907
- United States v. Sinclair Refining Co.Court of Appeals for the Tenth Circuit · 1942
- Boatmen's Nat. Co. v. M. W. Elkins & Co.Court of Appeals for the Eighth Circuit · 1933
- Philadelphia Storage Battery Co. v. Kelley-How-Thomson Co.Court of Appeals for the Eighth Circuit · 1933
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