Barker v. Ladd
United States Circuit Court
At law. On September li, 1871, Abner H. Barker commenced an action in this court against William S. Ladd, John C. Ainsworth, Simeon G. Reed and Robert R. Thompson, for the recovery of $55,860.96 damages, alleged to have been incurred by him in the sale of his stock in the O. S. N. Co. by reason of the misrepresentations of the defendants concerning the same, while acting as directors of said company, and died on March 14, 1872; and on April 6, 1874, Joseph Simon was duly…
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At law. On September li, 1871, Abner H. Barker commenced an action in this court against William S. Ladd, John C. Ainsworth, Simeon G. Reed and Robert R. Thompson, for the recovery of $55,860.96 damages, alleged to have been incurred by him in the sale of his stock in the O. S. N. Co. by reason of the misrepresentations of the defendants concerning the same, while acting as directors of said company, and died on March 14, 1872; and on April 6, 1874, Joseph Simon was duly appointed administrator of said Barker’s estate. Upon these facts, on April 16, 1874, said Simon applied for leave to…
1Opinion of the Court
DEADY, District Judge.
This application is opposed by the defendants upon the ground that it was not made within a year from the death of the plaintiff, Barker.
It is admitted that under the law of the state (Code Or. §§ 305, 360), and section 34 of the judiciary act [of September 24, 1789,] (1 Stat. 81, [92,]) that this cause of action survived.
The right of an administrator to maintain an action for such a cause is given by the law of the state; and such law, by said section 34, is made “the rule of decision” in this court
Section 31 of the judiciary act provides that upon the death of a party…
2Cited by7 opinions
- Grant v. McAuliffeCalifornia Supreme Court · 1953
- Stivers v. ByrkettOregon Supreme Court · 1910
- Long v. ThompsonOregon Supreme Court · 1899
- Kelly v. HerrallUnited States Circuit Court · 1884
- Butler v. PooleU.S. Circuit Court for the District of Massachusetts · 1890
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