Legal Opinion

Norfolk & W. Ry. Co. v. Graham

Court of Appeals for the Fourth Circuit

Decided May 1, 1906No. 640PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the Southern District of West Virginia.

1Opinion of the Court

McDOWEEE, District Judge.

The following is an excerpt from the opinion of die trial court:

“This was a suit in assumpsit instituted by John T. Graham, trustee of the estate of O. M. Rage, a bankrupt, against the Norfolk & Western Railway Company, for the recovery of certain moneys alleged to be due to said estate under a contract entered into between said Page and said railway company for the construction of a certain portion of its roadbed in West Virginia. The defendant pleaded nonassmnpsit and also filed a notice of recoupment under the "West Virginia statute, under which it sought to prove…

2Cases cited3 opinions

  1. Morgan v. WordellMassachusetts Supreme Judicial Court · 1901
  2. In re ShafferDistrict Court, E.D. North Carolina · 1900
  3. In re HiltonDistrict Court, S.D. New York · 1900

3Cited by11 opinions

  1. William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  2. Willcox v. GoessCourt of Appeals for the Second Circuit · 1937
  3. Max M. Hayden, Trustee, Etc. v. Standard Accident Insurance CompanyCourt of Appeals for the Ninth Circuit · 1963
  4. In re T. M. Lesher & SonDistrict Court, E.D. Pennsylvania · 1910
  5. First Nat. Bank of Indianola v. MaloneCourt of Appeals for the Eighth Circuit · 1935

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