Underwood v. Patrick
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Eliza W. Patrick, the defendant in error, brought this action against Prank L. Underwood, the plaintiff in error, to recover certain sums of money claimed tó be due her on notes executed by one Nathan D. Allen.
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In Error to the Circuit Court of the United States for the District of Colorado. Eliza W. Patrick, the defendant in error, brought this action against Prank L. Underwood, the plaintiff in error, to recover certain sums of money claimed tó be due her on notes executed by one Nathan D. Allen. The substance of the facts set out in the complaint are: That Mrs. "Patrick was the owner of a tract of 615 acres of land adjoining the city of Omaha, Net)., which Underwood, Craig, and Allen wanted to purchase from her. That they represented to her that they wanted to form a syndicate consisting of…
1Opinion of the CourtCaldwell, Circuit Judge
(after stating the facts as aboye). From the view which we take of this case, it is unnecessary to consider more than two questions: (1) Do the facts show that Mrs. Patrick ever had a cause of action against the defendant? (2) If she ever had a cause of action, is it barred by the statute of limitations?
It is specifically alleged in the complaint that Mrs. Patrick, at the time the transaction took place, knew that Underwood had an interest in the purchase, “but, for the purpose of avoiding any immediate personal liability and obligation upon the notes to be given for the deferred payments,…
2Cases cited13 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Willard v. WoodSupreme Court of the United States · 1896
- McCluny v. SillimanSupreme Court of the United States · 1830
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- In Re Childs Co.Court of Appeals for the Second Circuit · 1947
- Hanchett v. BlairCourt of Appeals for the Ninth Circuit · 1900
- Central Trust Co. v. RudnickMassachusetts Supreme Judicial Court · 1941
- Brodsky v. FinnCourt of Appeals for the Second Circuit · 1947
2 more not listed; retrieve them via the Exa API.