Green v. Turner
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. This suit was brought by the appellants, .Toel C. Green, John G. Brown, and T. F. Main, against the appellees, William J. Turner, William H. Timlin, and Howard Morris, to enforce performance of a promise in writing made by the appellees to Moore & Hibbert, a firm composed of L. A. Moore and Nathaniel Hibbert, to pay an indebtedness of the latter to the appellants.
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. This suit was brought by the appellants, .Toel C. Green, John G. Brown, and T. F. Main, against the appellees, William J. Turner, William H. Timlin, and Howard Morris, to enforce performance of a promise in writing made by the appellees to Moore & Hibbert, a firm composed of L. A. Moore and Nathaniel Hibbert, to pay an indebtedness of the latter to the appellants. On August 23, 1S90, the appellants, by written contract, sold to Moore & Hibbert “all the ones, minerals, mineral substances, mineral waters,…
1Opinion of the Court
.WOODS, Circuit Judge,
after making the foregoing statement, delivered the opinion of the court.
While there can be no doubt of the right of the appellants, upon the facts alleged, to sue in equity upon a promise made, not directly to them, but to third parties (Keller v. Ashford, 133 U. S. 610, 10 Sup. Ct. 494; Willard v. Wood, 135 U. S. 309, 10 Sup. Ct. 831; Id., 164 U. S. 502, 17 Sup. Ct. 176; Carnahan v. Tousey, 93 Ind. 562), yet if it be true, as contended by the appellants, “that, by a subsequent, independent, collateral contract, made and entered into be-' tween appellants and Timlin,…
2Cases cited6 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Willard v. WoodSupreme Court of the United States · 1896
- Willard v. WoodSupreme Court of the United States · 1890
- Town of Springport v. Teutonia Savings BankNew York Court of Appeals · 1881
- Green v. TurnerU.S. Circuit Court for the District of Eastern Wisconsin · 1897
1 more not listed; retrieve them via the Exa API.
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- Automobile Ins. Co. v. Barnes-Manley Wet Wash Laundry Co.Court of Appeals for the Tenth Circuit · 1948
- Seimer v. James Dickinson Farm Mortgage Co.District Court, E.D. Illinois · 1924
- Tuttle v. JockmusSupreme Court of Connecticut · 1930
- Crane & Ordway Co. v. Sykeston School District No. 11North Dakota Supreme Court · 1917
- Waddell v. Roanoke Mutual Building & Loan Ass'nSupreme Court of Virginia · 1935
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