Title Guaranty & Surety Co. v. Witmire
Court of Appeals for the Sixth Circuit
In .Error to the Circuit Court of the United States for the Eastern District of Michigan. Action by Frederick J. Witmire against the Title Guaranty & Surety Company. From a judgment for plaintiff, defendant brings error. The trustee in bankruptcy, Witmire, sued to recover the value of certain property alleged to belong to the bankrupt’s estate and to have been .converted by the plaintiff in error (the defendant below) to its use.
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In .Error to the Circuit Court of the United States for the Eastern District of Michigan. Action by Frederick J. Witmire against the Title Guaranty & Surety Company. From a judgment for plaintiff, defendant brings error. The trustee in bankruptcy, Witmire, sued to recover the value of certain property alleged to belong to the bankrupt’s estate and to have been .converted by the plaintiff in error (the defendant below) to its use. At the conclusion of the evidence, such defendant’s motion for a directed verdict was overruled, and the jury was instructed to return a verdict for the trustee on…
1Per curiam
[1] The agreement between the contractors (Green and Stone) and the Surety Company was made in Illinois, but it concerned property to be located in, and which was in fact transferred to, Minnesota. The contractors’ plant was used there, and remained in their possession in that state until it was taken over by the Surety Company. The parties intended that their agreement should be carried out where the ditch was to be digged. It must, therefore, be interpreted with reference to the law of Minnesota. Union Trust Co. v. Bulkeley, 150 Fed. 510, 80 C. C. A. 328; Re Green (D. C.) 134 Fed. 137.
Both…
2Cases cited16 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Union Trust Co. v. BulkeleyCourt of Appeals for the Sixth Circuit · 1907
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- Merrill v. ResslerSupreme Court of Minnesota · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Potter Mfg. Co. v. ArthurCourt of Appeals for the Sixth Circuit · 1915
- Liberty Mutual Insurance v. Vanderbush Sheet Metal Co.District Court, E.D. Michigan · 1981
- Massachusetts Bonding & Ins. Co. v. KemperCourt of Appeals for the Sixth Circuit · 1915
- Hartford Accident & Indemnity Co. v. CogginCourt of Appeals for the Fourth Circuit · 1935
- In Re SachsCourt of Appeals for the Fourth Circuit · 1929
20 more not listed; retrieve them via the Exa API.