Hoffman v. Overbey
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA. The case was stated by the court as follows: Hoffman, Lee & Co., merchants of Baltimore, agreed to aid •James R. Millner in his business of manufacturing tobacco in Pittsylvania County, Virginia, by advancing to him, when called upon, between the 10th days of March and May, 1871, .the sum of fifteen thousand dollars, to be repaid with interest at the rate of six per cent per annum ;…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA. The case was stated by the court as follows: Hoffman, Lee & Co., merchants of Baltimore, agreed to aid •James R. Millner in his business of manufacturing tobacco in Pittsylvania County, Virginia, by advancing to him, when called upon, between the 10th days of March and May, 1871, .the sum of fifteen thousand dollars, to be repaid with interest at the rate of six per cent per annum ; Millner- agreeing that all the tobacco that he worked or caused to be worked during the year 1871 should be shipped to…
1Opinion of the CourtJustice Harlan
The principal question raised by the pleadings and discussed at the bar involves actual fraud upon the part of James R. Millner in procuring the release from Hoffman, Lee & Co. "We have seen that, according to the bill, Millner sought such release upon the ground of his “ total inability ” to discharge that claim, and because the mortgaged property, which he proposed to surrender absolutely, and freed from his wife’s contingent right of dower, was all that he owned and “ all he had on earth; ” whereas, it is alleged, he had at the time $12,000 in cash that had been fraudulently kept out of…
2Cited by5 opinions
- Floyd F. BARRETT, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1987
- Loyola Federal Savings & Loan Ass'n v. Trenchcraft, Inc.Court of Special Appeals of Maryland · 1973
- LOYOLA FED. S. & L. v. TrenchcraftCourt of Special Appeals of Maryland · 1973
- In re CalviDistrict Court, N.D. New York · 1911
- Pennsylvania Railroad v. Mandell, Pennsylvania Court of Common Pleas, Philadelphia County1951