Fricke v. International Harvester Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Nebraska; Thomas C. Munger, Judge. Action at law by the International Harvester Company against Amelia K. Frieke. Judgment for plaintiff, and defendant brings error. Tlic; International Harvester Company, a corporation, sued Mrs. Amelia E. Frieke on a promissory note for §3,381.64, payable to it, dated October 27, 1914, signed by her and C. A. Bard.
Read the full summary
In Error to the District Court of the United States for the District of Nebraska; Thomas C. Munger, Judge. Action at law by the International Harvester Company against Amelia K. Frieke. Judgment for plaintiff, and defendant brings error. Tlic; International Harvester Company, a corporation, sued Mrs. Amelia E. Frieke on a promissory note for §3,381.64, payable to it, dated October 27, 1914, signed by her and C. A. Bard. She défended on the ground that the agents of the Harvester Company had induced her to sign the note to enable Bard to conduct his business as an implement dealer with that…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1, t\ It is the duty of the trial court to direct a verdict at the close of the evidence in two classes of-cases: (1) That class in which the evidence is undisputed; and (2) that class in which the evidence is conflicting, hut is of so conclusive a character that the court, in the exercise of a sound judicial discretion, would set aside a verdict in opposition to it. And when the trial court has directed a verdict upon conflicting evidence the appellate court may not lawfully reverse it, or the judgment founded upon it, unless, upon a consideration of the…
2Cases cited4 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Canadian Northern Ry. Co. v. SenskeCourt of Appeals for the Eighth Circuit · 1912
- Woodward v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
- Farwell v. Colonial Trust Co.Court of Appeals for the Eighth Circuit · 1906
3Cited by15 opinions
- New Amsterdam Casualty Co. v. FARMERS'CO-OP. UNIONCourt of Appeals for the Eighth Circuit · 1924
- Public Motor Service, Inc. v. Standard Oil Co. of New JerseyCourt of Appeals for the D.C. Circuit · 1938
- Peck v. Stafford Flour Mills Co.Court of Appeals for the Eighth Circuit · 1923
- WJ Foye Lumber Co. v. Pennsylvania R. Co.Court of Appeals for the Eighth Circuit · 1925
- Walton Trust Co. v. TaylorCourt of Appeals for the Eighth Circuit · 1924
10 more not listed; retrieve them via the Exa API.