Legal Opinion

Sanger v. Hibbard

Court of Appeals for the Eighth Circuit

Decided October 27, 1900No. 1,393PublishedCited by 6 opinions

In Error to the United States Court of Appeals in tbe Indian Territory. S. S. Sanger, Jr., the plaintiff in error, did not attain his majority until the 19th day of August, 1895. During his infancy he engaged, as a retail dealer, in the mercantile business in the Indian Territory, and purchased goods on a credit from Hibbard Bros., the defendants in error, and other wholesale merchants.

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In Error to the United States Court of Appeals in tbe Indian Territory. S. S. Sanger, Jr., the plaintiff in error, did not attain his majority until the 19th day of August, 1895. During his infancy he engaged, as a retail dealer, in the mercantile business in the Indian Territory, and purchased goods on a credit from Hibbard Bros., the defendants in error, and other wholesale merchants. On the i)th of November, 3894, Hibbard Bros, sued old a writ of attachment against Sanger, which was levied upon the stock of goods in his possession, which he had purchased from them and other merchants.…

1Opinion of the CourtCaldwell, Circuit Judge

The argument in this case has taken somewhat of a wide range, but the case is in a narrow compass. The goods which Sanger purchased from the plaintiffs and others while still a minor were seized and sold on the attachment sued out against him, and the proceeds of that sale were received by Shelley, one of his creditors, so that while he was yet a minor all the goods he had purchased during his minority, and the proceeds thereof, had passed out of his possession and beyond his control. On this state of facts, properly pleaded, was it error to render judgment in an action at law against him for…

2Cases cited9 opinions

  1. Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
  2. Sims v. EverhardtSupreme Court of the United States · 1880
  3. Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
  4. Craig v. Van BebberSupreme Court of Missouri · 1890
  5. American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895

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3Cited by6 opinions

  1. Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
  2. Hogue v. WilkinsonCourt of Appeals of Texas · 1956
  3. American Mutual Liability Ins. v. VolpeCourt of Appeals for the Third Circuit · 1922
  4. Ex parte Chan HaiDistrict Court, W.D. Washington · 1926
  5. Sears, Roebuck & Co. v. BroughtonCourt of Appeals for the Sixth Circuit · 1952

1 more not listed; retrieve them via the Exa API.

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