Crewdson v. Shultz
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rud-kin, Judge. Action by Frank W. Shultz against Charles N. Crewdson and another. Judgment for plaintiff, and defendant Crewdson brings error.
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Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rud-kin, Judge. Action by Frank W. Shultz against Charles N. Crewdson and another. Judgment for plaintiff, and defendant Crewdson brings error. Shultz, appellee, brought action against Crewdson, appellant, and one Out-cault, to recover principal, $5,000, and interest from August 10, 1915, at 6-per' cent, per annum upon a promissory note made by them at Spokane, Wash., on August 10, 1912, to the order of J. B. Yalentine, due five years after date, and before maturity…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] By the principle of estoppel as laid down by the authorities our opinion is that the former judgment rendered in the action between the same parties who are now at i$sue in this case, and which is set forth in the reply of the defendant in error herein, is conclusive against Crewdson upon the issue of Shultz being a bona fide holder for value.
In the former action Shultz described the same note as that now sued upon. It is true the first action was brought to recover only interest due up to the time of bringing suit, and that the principal sum was not…
2Cases cited9 opinions
- Wilson's v. DeenSupreme Court of the United States · 1887
- Lumber Co. v. BuchtelSupreme Court of the United States · 1879
- Edgell v. SigersonSupreme Court of Missouri · 1858
- Tooke v. NewmanIllinois Supreme Court · 1874
- Citizens Bank & Trust Co. v. LimprightWashington Supreme Court · 1916
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