Legal Opinion

Bank of Topeka v. Eaton

U.S. Circuit Court for the District of Massachusetts

Decided February 3, 1900No. 628PublishedCited by 7 opinions

On Demurrer to Declaration.

1Opinion of the Court

PUTNAM, Circuit Judge.

This is the same case which has already been before us on a plea in abatement, as to which we passed down an opinion and an interlocutory judgment on June 29, 1899. 95 Fed. 355. It now comes before us on demurrer. The declaration is based on a note, as follows:

“$10,000. Topeka, Kansas, October 24, 1890.
“Sixty days after date the trustee of the Topeka Land and Development Company, as such trustee-under declaration of trust dated May 23, 1887, and not otherwise, promise to pay to the order of J. R. Mulvane, president, ten thousand dollars, at Barik of Topeka, Topeka,…

2Cases cited1 opinion

  1. Bank of Topeka v. EatonU.S. Circuit Court for the District of Massachusetts · 1899

3Cited by7 opinions

  1. Schumann-Heink v. FolsomIllinois Supreme Court · 1927
  2. Charles Nelson Co. v. MortonCalifornia Court of Appeal · 1930
  3. Victor Refining Co. v. City Nat. Bank of CommerceCourt of Appeals of Texas · 1924
  4. Allegheny Tank Car Co. v. CulbertsonDistrict Court, N.D. Texas · 1923
  5. Bank of Topeka v. EatonCourt of Appeals for the First Circuit · 1901

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