Turner v. Schaeffer
Court of Appeals for the Sixth Circuit
In Error to and Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; John E. Sater, Judge. Actions by Wellmore B. Turner, as trustee in bankruptcy of Joseph E. Lowes, against Harry E. Schaeffer and the City National Bank, against Harry F. Schaeffer and the Third" National Bank, and against Harry F. Schaeffer and the First Savings & Banking Company.
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In Error to and Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; John E. Sater, Judge. Actions by Wellmore B. Turner, as trustee in bankruptcy of Joseph E. Lowes, against Harry E. Schaeffer and the City National Bank, against Harry F. Schaeffer and the Third" National Bank, and against Harry F. Schaeffer and the First Savings & Banking Company. The actions having been dismissed as to the several banks, there were judgments for the individual defendant, and plaintiff brings error and appeals, January 6, 1912, Turner, as trustee in…
1Per curiam
[1] Since the cases were plenary actions to recover money only, which was alleged to have been paid as a preference in favor of the banks, respectively, as principal, and Schaeffer, as surety, we think it clear that each was an action at law; and so properly brought here on writ of error. Warmath v. O’Daniel, 159 Fed. 87, 88, 90, 86 C. C. A. 277, 16 L. R. A. (N. S.) 414 (C. C. A. 6); Wm. Edwards Co. v. La Dow, 230 Fed. 378, 381, 144 C. C. A. 520 (C. C. A. 6) ; First State Bank v. Spencer, 219 Fed. 503, 505, 135 C. C. A. 253 *656(C. C. A. 8); Simpson v. Western Hardware & Metal Co., 227 Fed. 304,…
2Cases cited20 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Norris v. JacksonSupreme Court of the United States · 1870
- Runkle v. BurnhamSupreme Court of the United States · 1894
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
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3Cited by4 opinions
- Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932
- Pederson v. United States ex rel. Washington Iron WorksCourt of Appeals for the Ninth Circuit · 1918
- Shelton v. Southern Ry. Co.District Court, E.D. Tennessee · 1918
- In re K. G. Whitfield & Bro.District Court, W.D. Tennessee · 1921