Stratton's Independence, Ltd. v. Dines
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. For opinion below, see 126 Fed. 968. This suit was originally instituted by plaintiff in error (hereafter called "plaintiff”) against the defendants in error, as executors and trustees under the will of Winfield S. Stratton, deceased, to recover damages alleged to have resulted from false representations made by Stratton concerning certain mining property sold by him to plaintiff.
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In Error to the Circuit Court of the United States for the District of Colorado. For opinion below, see 126 Fed. 968. This suit was originally instituted by plaintiff in error (hereafter called "plaintiff”) against the defendants in error, as executors and trustees under the will of Winfield S. Stratton, deceased, to recover damages alleged to have resulted from false representations made by Stratton concerning certain mining property sold by him to plaintiff. The first count of the complaint is essentially an action of deceit; the second, an action in assumpsit. They present different…
1Opinion of the CourtAdams, District Judge
Some argument was made at the bar, as well as in briefs, touching the regularity of the practice resulting in the judgment below. It is said that plaintiff pleaded facts in the complaint on which issue was joined in the answer. This is true, and, if there had been nothing more, the case should have been tried to the jury. But besides •the denial, the defendants pleaded a separate affirmative defense, *457complete in itself, in the nature of a confession and avoidance of plaintiff’s cause of action. If that defense is good in law, the action is defeated, notwithstanding the general denial. It is…
2Cases cited7 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Sigafus v. PorterSupreme Court of the United States · 1900
- Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
- Marshall v. HubbardSupreme Court of the United States · 1886
- Humboldt Min. Co. v. American Manufacturing, Mining & Milling Co.Court of Appeals for the Sixth Circuit · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- The Edward Barron Estate Co. v. the Woodruff Co.California Supreme Court · 1912
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
- California-Calaveras Mining Co. v. WallsCalifornia Supreme Court · 1915
- United States v. Ben Grunstein & Sons CompanyDistrict Court, D. New Jersey · 1956
- Boatmen's Nat. Co. v. M. W. Elkins & Co.Court of Appeals for the Eighth Circuit · 1933
9 more not listed; retrieve them via the Exa API.