Batavia v. Wallace
Court of Appeals for the Eighth Circuit
In Error to the 'Circuit Court of tbe United States for the Western District of Missouri. Theodoric B. Wallace, as receiver of the Missouri National Bank of Kansas City, Mo., who is the present defendant in error, on January 5, 1897, brought an action against Morris Loewen and Louis Loewen, who were co-partners "doing business under the name of Loewen Bros., to recover the sum of about $4,-800, which was alleged to be due from said firm to the insolvent bank, of which…
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In Error to the 'Circuit Court of tbe United States for the Western District of Missouri. Theodoric B. Wallace, as receiver of the Missouri National Bank of Kansas City, Mo., who is the present defendant in error, on January 5, 1897, brought an action against Morris Loewen and Louis Loewen, who were co-partners "doing business under the name of Loewen Bros., to recover the sum of about $4,-800, which was alleged to be due from said firm to the insolvent bank, of which Wallace was receiver, on certain notes theretofore executed by the firm of Loewen Bros.' In aid of said suit he sued out a…
1Opinion of the CourtThayer, Circuit Judge
It is claimed in behalf of Batavia, the interpleader, that the trial court, at the conclusion of all the testimony, should have directed a verdict in Ms favor, as it was requested to do, upon the ground that there was no evidence tending to show that at the time he accepted the deed of trust in controversy and consented to serve as trustee therein he had any knowledge of the fraudulent purpose that had actuated the firm of Loewen Bros, by whom that instrument was executed. • In the brief of counsel for the interpleader this is said to be the one question in the case “of highest importance”…
2Cases cited18 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Snyder v. FreeSupreme Court of Missouri · 1893
- Parker v. . ConnerNew York Court of Appeals · 1883
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Crumlish v. Railroad Co.West Virginia Supreme Court · 1889
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3Cited by2 opinions
- Land Red-E-Mixed Concrete Co. v. Cash Whitman, Inc.Supreme Court of Missouri · 1968
- Calvert v. . AlveySupreme Court of North Carolina · 1910