Gilmer v. Billings
U.S. Circuit Court for the District of Middle Alabama
In Equity. Bill by James IN. Gilmer against Josiah Monis and others to redeem certain shares of stock pledged as collateral security. Morris having died pending the suit, his executors, F. M. Billings, B. J. Baldwin, and Hewlett Baldwin, were substituted as defendants.
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In Equity. Bill by James IN. Gilmer against Josiah Monis and others to redeem certain shares of stock pledged as collateral security. Morris having died pending the suit, his executors, F. M. Billings, B. J. Baldwin, and Hewlett Baldwin, were substituted as defendants. An opinion was heretofore rendered on a plea setting up a prior adjudication in an Alabama court. 46 Fed. liep. 338. Prior to the institution of this suit a similar suit had been brought in this court, in which the same defense was overruled, (30 Fed.,Rep. 476,) but on appeal to the supreme court the judgment was reversed, with…
1Opinion of the Court
BRITGE, District Judge.
The opinion pronounced on a former hearing of a cause involving the matter now in dispute contains all I care to say upon this submission, and that opinion, as shown below, and altered to suit the occasion, is adopted.. The fair conclusion from the evidence in this cause is that on March 30, 1875, Josiah Morris agreed with F. M. Gilmer, who was at that time *776acting for his son, J. IT. Gilmer, the complainant, that the stock which is the subject-matter of this suit, to wit, 60 shares of the capital stock of the Elyton Land Company, should be held by him, (Mor ris,) or by…
2Cases cited14 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Kirk v. SmithSupreme Court of the United States · 1829
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