Patillo v. Allen-West Commission Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. The Allen-West Commission Company, the defendant in error, sued J. G. Patillo, G. W. Smith, J. A. Patillo, J. P. Smith, and W. N. Smith, the plaintiffs in error, who were partners doing business under the firm name of Smith, Patillo & Co., for the sum of $8,013.28, and accrued interest, basing its right to recover that amount on the following allegations, which were contained in its…
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. The Allen-West Commission Company, the defendant in error, sued J. G. Patillo, G. W. Smith, J. A. Patillo, J. P. Smith, and W. N. Smith, the plaintiffs in error, who were partners doing business under the firm name of Smith, Patillo & Co., for the sum of $8,013.28, and accrued interest, basing its right to recover that amount on the following allegations, which were contained in its complaint: “That * * * in the early part of the year 1891 defendants applied to the plaintiff to transact their business as…
1Opinion of the CourtTit Ayer, Circuit Judge
It is apparent from the instruction given by the trial court which terminated the action that the trial judge construed the complaint as a declaration upon an “account stated,” and that he disposed of the case upon that theory. This, as we think, was an erroneous view of the pleading. The pleading in question set out the terms of a special contract of a peculiar nature, under the terms of which, us it was alleged, large sums of money had been advanced hv (he plaintiff to the defendants. It then averred that certain statements had been rendered to the defendants, and “received without…
2Cases cited14 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Cockle v. FlackSupreme Court of the United States · 1877
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Heinrich v. EnglundSupreme Court of Minnesota · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Meagher v. KavliSupreme Court of Minnesota · 1958
- Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1904
- Garland v. Union Trust Co.Supreme Court of Oklahoma · 1916
- Chittenden & Eastman Co. v. Leader Furniture Co.Arizona Supreme Court · 1921
- Bristow v. Central State BankSupreme Court of Oklahoma · 1918
4 more not listed; retrieve them via the Exa API.