Legal Opinion

Dyer v. International Banking Corp.

Court of Appeals for the Ninth Circuit

Decided January 5, 1920No. 3144PublishedCited by 2 opinions

In Error to the District Court of the United States for the Second Division of the Northern District of California; Oscar A. Trippet, Judge; Action by Edward F. Dyer against the International Banking Corporation. Judgment for defendant, and plaintiff brings' error.

1Opinion of the Court

HUNT, Circuit Court.

Action at law by Dyer to recover money paid to the International Banking Corporation, because of an alleged mistake. There was a verdict and judgment in favor of the Banking Corporation. The facts appear to lie these:

On April 1, 1914, Dyer, plaintiff in error, and one Green, who died in September, 1914, made a contract whereby the Green-Dyer Company, a corporation, was to be formed to engage in the billboard business. Green agreed to subscribe and pay for all capital stock of $10,-000: Dyer to buy from Green half of this stock for $30,000, payable as follows: $10,000 upon…

2Cases cited10 opinions

  1. Steamship Co. v. JoliffeSupreme Court of the United States · 1865
  2. United States v. BarlowSupreme Court of the United States · 1889
  3. Metropolis Tr. & Sav. Bank v. MonnierCalifornia Supreme Court · 1915
  4. National Bank of California v. MinerCalifornia Supreme Court · 1914
  5. Crocker-Woolworth National Bank v. Nevada BankCalifornia Supreme Court · 1903

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3Cited by2 opinions

  1. Basile v. California Packing Corp.Court of Appeals for the Ninth Circuit · 1928
  2. The People's Bank v. PorterCalifornia Court of Appeal · 1922

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