Farless v. Morehead
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern District of Ohio; Albert C. Thompson, Judge. Action at law by William H. Farless and another against B. H. Morehead and others. Judgment for defendants, and plaintiffs bring error. The court below, at the close of plaintiff’s testimony, directed a verdict for defendants; hence, we must consider as the facts the best case for plaintiffs which their testimony tended to prove.
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of Ohio; Albert C. Thompson, Judge. Action at law by William H. Farless and another against B. H. Morehead and others. Judgment for defendants, and plaintiffs bring error. The court below, at the close of plaintiff’s testimony, directed a verdict for defendants; hence, we must consider as the facts the best case for plaintiffs which their testimony tended to prove. It is this: Plaintiffs lived in Henderson, Ky. Defendants lived in Cincinnati, and there conducted a bucket shop, having branches or agencies scattered…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). The court below based its direction upon two grounds: First, that no lawful partnership could exist for the purpose for which plaintiffs associated themselves, and that no such partnership as theirs could maintain any suit; second, that the evidence did not show money lost and paid in Ohio, on a wager made in Ohio, but rather that the. wager was made and the money lost and paid in Indiana, and hence that the Ohio statute was not effective.
[ 1 ] It is true that the plaintiffs describe themselves as a partnership, and it is equally true that the law will not…
2Cases cited7 opinions
- State v. GritznerSupreme Court of Missouri · 1896
- Commonwealth v. SchmunkSupreme Court of Pennsylvania · 1904
- Cruthers v. StateIndiana Supreme Court · 1903
- Jackson v. Brick AssociationOhio Supreme Court · 1895
- Flint & P. M. R. Co. v. McPhersonCourt of Appeals for the Sixth Circuit · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- The AdahCourt of Appeals for the Second Circuit · 1919
- Joseph H. Lyons and Jessie H. Lyons, Individually and as Co-Partners Doing Business Under the Name and Style of Lyons Electrical Distributing Company v. Westinghouse Electric Corporation and General Electric Company, Defendants- Joseph H. Lyons and Jessie H. Lyons, Individually and as Co-Partners Doing Business Under the Name and Style of Lyons Electrical Distributing Company v. The Honorable Lawrence E. Walsh, United States District JudgeCourt of Appeals for the Second Circuit · 1955
- Carpenter v. Beal-McDonnell & Co.District Court, E.D. Arkansas · 1915
- Salonen v. FarleyDistrict Court, E.D. Kentucky · 1949
- Ellery v. CommissionerUnited States Tax Court · 1944
3 more not listed; retrieve them via the Exa API.