Files v. Rankin
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. Since this case was here on the former appeal (Files v. Bro-wn, 59 C. O. A. 403, 124 Fed. 333, to which reference is made for a general statement of the facts), the receiver has amended his petition and placed his right of recovery upon different grounds than before.
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. Since this case was here on the former appeal (Files v. Bro-wn, 59 C. O. A. 403, 124 Fed. 333, to which reference is made for a general statement of the facts), the receiver has amended his petition and placed his right of recovery upon different grounds than before. This cause of action then was and now is an equitable one to set aside an administrative order made in the court, below in the matter of the receivership of the First National Bank of Little Rock then pending in the court, authorizing the…
1Opinion of the Court
ADAMS, Circuit Judge,
after stating the case delivered the opinion of the court.
It is first contended by defendant that he and receiver Brown stood on an equal footing; that Brown knew, or by the exercise of ordinary care could have known, as much about the value of the judgment as he knew; and that in such circumstances the receiver had no right to rely upon any fraudulent representation or concealment which he (defendant) might have practiced. On the facts so assumed the proposition of law contended for cannot be disputed. It is well settled that where the means of knowledge are at hand and…
2Cases cited4 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Farnsworth v. DuffnerSupreme Court of the United States · 1891
- Laidlaw v. OrganSupreme Court of the United States · 1817
- Files v. BrownCourt of Appeals for the Eighth Circuit · 1903
3Cited by9 opinions
- Noved Realty Corp. v. A. A. P. Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Blank v. AronsonCourt of Appeals for the Eighth Circuit · 1911
- Commonwealth Edison Co. v. Allis-Chalmers Manufacturing Co.District Court, N.D. Illinois · 1962
- Cunningham v. PettigrewCourt of Appeals for the Eighth Circuit · 1909
- Chapman v. Guaranty State BankCourt of Appeals of Texas · 1924
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