Fox v. Tyler
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. W. R. Fox was a retail merchant doing business at Wayne, in the Indian Territory. He, purchased a stock of merchandise from various wholesale houses on credit, and, when his bills therefor matured, he was not able to meet them,” and on his own motion executed a deed of assignment to his brother, F. M. Fox, on his stock of goods, for the benefit of his creditors.
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In Error to the United States Court of Appeals in the Indian Territory. W. R. Fox was a retail merchant doing business at Wayne, in the Indian Territory. He, purchased a stock of merchandise from various wholesale houses on credit, and, when his bills therefor matured, he was not able to meet them,” and on his own motion executed a deed of assignment to his brother, F. M. Fox, on his stock of goods, for the benefit of his creditors. Before the assignee qualified, some of his mercantile creditors appeared on the scene, with the 'result that it was agreed that his creditors would grant him an…
1Opinion of the CourtCaldwell, Circuit Judge
In all contracts many things are left to implication. It was necessarily implied in the contract quoted that Pox would furnish the list of his creditors. He alone knew who his creditors were. It is equally obvious that when the contract speaks of “all creditors” it means all mercantile creditors, and does not refer to or include the little bills owing to the butcher, baker, and grocer for current supplies for his table. In Kauffman v. Raeder (at the present term) 108 Fed. 171, Judge Sanborn., speaking for the court, said:
“The situation of the parties when the contract was made, its…
2Cases cited1 opinion
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
3Cited by10 opinions
- Myers v. CarnahanWest Virginia Supreme Court · 1907
- Hull Coal & Coke Co. v. Empire Coal & Coke Co.Court of Appeals for the Fourth Circuit · 1902
- Union Trust Co. v. Shelby Downard Asphalt Co.Supreme Court of Oklahoma · 1916
- Frazer v. City of ArdmoreSupreme Court of Oklahoma · 1924
- La Fayette v. La FayetteSupreme Court of Oklahoma · 1917
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