American Nat. Bank v. National Wall-Paper Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. The American National Bank of Denver, the plaintiff in error, was a creditor of A. Gauthier, a wall-paper and paint merchant doing business in Denver, in a sum exceeding §14,000. To secure payment of this sum, the hank attached the entire stock of its debtor, which was afterwards sold under the attachment by the sheriff, and purchased by tbe bank, or by one of the bank’s agents or officers in…
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In Error to the Circuit Court of the United States for the District of Nebraska. The American National Bank of Denver, the plaintiff in error, was a creditor of A. Gauthier, a wall-paper and paint merchant doing business in Denver, in a sum exceeding §14,000. To secure payment of this sum, the hank attached the entire stock of its debtor, which was afterwards sold under the attachment by the sheriff, and purchased by tbe bank, or by one of the bank’s agents or officers in trust for the bank. Not being able to effect a lump sale of the stock, the ba.uk was compelled to sell the goods at…
1Opinion of the CourtCaldwell, Circuit Judge
The court did not err in overruling the motion to compel the plaintiff to elect upon which count of the complaint it would go to trial. It is probable the plaintiff’s cause of action could have been stated in one count, but the pleader conceived the transaction was of such a character as to make it an act of prudence to state it in two aspects. The first count alleges that “the defendant owned and controlled the A. Gauthier Decorating Company,” and agreed to pay for the goods that might be sold to the manager of that company on credit; and the second count alleges a sale of goods to the…
2Cases cited4 opinions
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- People v. McWhorterNew York Supreme Court · 1848
- City of Fergus Falls v. Fergus Falls Water Co.Court of Appeals for the Eighth Circuit · 1896
- Glidden & Joy Varnish Co. v. Interstate Nat. BankCourt of Appeals for the Eighth Circuit · 1895
3Cited by19 opinions
- National Labor Relations Board v. Deena Artware, Inc.Supreme Court of the United States · 1960
- Krivo Industrial Supply Company and Morgan Precision Parts, Inc. v. National Distillers and Chemical CorporationCourt of Appeals for the Fifth Circuit · 1973
- Federal Intermediate Credit Bank of Omaha v. L'HerissonCourt of Appeals for the Eighth Circuit · 1929
- Steele County v. ErskineCourt of Appeals for the Eighth Circuit · 1899
- Pacific Can Co. v. HewesCourt of Appeals for the Ninth Circuit · 1938
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