Brown v. Arnold
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Western District of Missouri. This appeal challenges a decree which sustained a demurrer and dismissed a bill exhibited by Edwin F. Brown, receiver of the First National Bank of Sedalia, against John S. Arnold, for the purpose of enforcing specific performance of a stipulation made between Parry L. Deweese, the former receiver of this bank, and James T. Montgomery and William M. Williams, the attorneys for Arnold, to…
Read the full summary
Appeal from the Circuit Court of the United States for the Western District of Missouri. This appeal challenges a decree which sustained a demurrer and dismissed a bill exhibited by Edwin F. Brown, receiver of the First National Bank of Sedalia, against John S. Arnold, for the purpose of enforcing specific performance of a stipulation made between Parry L. Deweese, the former receiver of this bank, and James T. Montgomery and William M. Williams, the attorneys for Arnold, to the effect that the case of Deweese, receiver, against Arnold should abide the result of the final decision of the case…
1Opinion of the CourtSanborn, Circuit Judge
Specific performance of the stipulation between the receiver and the appellee that the latter’s case should abide the final decision of the action between the receiver and Smith and Cotton was denied by the Circuit Court upon three grounds: (1) Because the attorneys for Arnold had no authority to make the agreement evidenced by the stipulation on his behalf; (2) because the receiver had an adequate remedy at law; and (3) because his attorney had been guilty of laches. The case of Arnold, the case of Smith and Cotton, and the cases of 35 other stockholders whom the receiver had sued involved…
2Cases cited14 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Stone v. Bank of CommerceSupreme Court of the United States · 1899
- City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
- Ohlquest v. Farwell & Co.Supreme Court of Iowa · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Atchison, T. & S. F. Ry. Co. v. SullivanCourt of Appeals for the Eighth Circuit · 1909
- Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
- People v. BouchardCalifornia Supreme Court · 1957
20 more not listed; retrieve them via the Exa API.