Quirk v. Bank of Commerce & Trust Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Action by Mollie Quirk against the 'Bank of Commerce & Trust Company, executor of the estate of Patrick Kallaher, deceased. There was a judgment for defendant on demurrer to the declaration, and plaintiff brings error.
1Opinion of the Court
MACK, Circuit Judge.
The trial court sustained a demurrer to the declaration after refusing leave to plaintiff to amend a second time. The question presented on this writ of error is therefore whether the declaration states a good cause of action.
In substance, plaintiff, a citizen of Wisconsin, charges that Patrick Kallaher failed to’ fulfill his oral promise to devise to her the bulk o,f his fortune. The relation of the parties, the promise, and the consideration are set out at length in the allegations, which may be summarized as follows:
In the summer of 1888, Capt. Kallaher met Mollie at…
2Cases cited15 opinions
- Knoxville Traction Co. v. LaneTennessee Supreme Court · 1899
- Estate of KesslerWisconsin Supreme Court · 1894
- Mather v. ScolesIndiana Supreme Court · 1870
- Goodloe v. GoodloeTennessee Supreme Court · 1905
- Horton v. StegmyerCourt of Appeals for the Eighth Circuit · 1910
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3Cited by13 opinions
- Green v. RichmondMassachusetts Supreme Judicial Court · 1975
- Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1932
- Rugh v. SoleimOregon Supreme Court · 1919
- Westwood v. Continental Can Co.Court of Appeals for the Fifth Circuit · 1935
- Obear-Nester Glass Co. v. Lax & Shaw, Ltd.Court of Appeals for the Eighth Circuit · 1926
8 more not listed; retrieve them via the Exa API.