Armour v. Renaker
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Suit in equity by Armour & .Co. against S. Renaker ánd others.
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Appeal from the Circuit Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Suit in equity by Armour & .Co. against S. Renaker ánd others. From a decree for defendants (191 Fed. 48), complainant appeals. . At the close of extended business dealings between the parties complainant’s (appellant’s) books showed an indebtedness tp.it from defendants (and associates), amounting to about $4,000. Defendants denied some items and claimed off-sets or counterclaims, all to such an extent that the net balance, due from complainant to ¿them, was about $7,500…
1Opinion of the Court
DENISON, Circuit Judge.
We find three questions of law and one of fact presented by this record. They are whether a complainant, under such a situation, may surcharge a settlement without reopening the original dispute; where the burden of proof is when the matter is reopened; whether a cross-bill was necessary; and whether the evidence justified the final conclusion of the District Judge..[1] 1. This was not the case of a mere mistake in figures where the parties were settling an account according to some exact methods of computation. The matters in dispute on both sides were largely or…
2Cited by8 opinions
- United States v. JonesCourt of Appeals for the Ninth Circuit · 1949
- Graham v. Atchison. T. & S. F. Ry. Co.Court of Appeals for the Ninth Circuit · 1949
- Colorado Milling & Elevator Co. v. HowbertCourt of Appeals for the Tenth Circuit · 1932
- CN Monroe Manufacturing Company v. United StatesDistrict Court, E.D. Michigan · 1956
- Marrujo v. ChavezNew Mexico Supreme Court · 1967
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