Rhea v. Newton
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Suit in equity by Catherine K. Newton and others against William A. Rhea and others. Decree for complainants, and certain defendants appeal. This is ah appeal from a decree holding that appellant Rhea and the Mont B. Mining Company were liable as trustees to account to appellees, who were plaintiffs below, and fixing the amount of the recovery.
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Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Suit in equity by Catherine K. Newton and others against William A. Rhea and others. Decree for complainants, and certain defendants appeal. This is ah appeal from a decree holding that appellant Rhea and the Mont B. Mining Company were liable as trustees to account to appellees, who were plaintiffs below, and fixing the amount of the recovery. Two suits were begun, but later they were consolidated and heard and decided as one case.. The plaintiff in one suit was Catherine…
1Opinion of the CourtMunger, District Judge
(after stating the facts as above). The chief question in the case is the sufficiency of the evidence to support the decree.' The evidence introduced on behalf of the Whitlocks tended to prove that Jacobs agreed with them that, if they would assign their stock to him as trustee for the creditors, he would put a competent manager in charge of the mine, and endeavor to pay off the corporate debts by the proceeds from the operation of the mine, and then would return the shares of stock to them. The theory of Whit-lock’s counsel is that this was as far as the agreement extended, and that no power…
2Cases cited29 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Hotel Co. v. WadeSupreme Court of the United States · 1878
- Wyman v. BowmanCourt of Appeals for the Eighth Circuit · 1904
- Sutton Manuf'g Co. v. HutchinsonCourt of Appeals for the Seventh Circuit · 1894
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3Cited by4 opinions
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- The B. F. Goodrich Company v. McEachin, Adm'x.Supreme Court of Arkansas · 1939