Kelly v. Fahrney
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. This is an action in assumpsit upon an alleged verbal agreement made December 26, 1897, between two members of a corporation, by which the plaintiff In error, the secretary of the company, undertook to place on the market $100,000 of the second mortgage bonds of the company, and the defendant agreed, in case he should so do, to assign him $110,000 of the par value of the capital stock…
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In Error to the Circuit Court of the United States for the Northern District of Illinois. This is an action in assumpsit upon an alleged verbal agreement made December 26, 1897, between two members of a corporation, by which the plaintiff In error, the secretary of the company, undertook to place on the market $100,000 of the second mortgage bonds of the company, and the defendant agreed, in case he should so do, to assign him $110,000 of the par value of the capital stock of the company. The defendant (the defendant in error here) pleaded the general issue, and there was a verdict for the…
1Opinion of the CourtJenkins, Circuit Judge
The questions embodied in the first two assignments of error had reference to the action of the plaintiff in prosecuting two suits against the defendant in the state of Arkansas upon the same alleged agreement declared upon in this action; the testimony elicited tending to show that the agreement alleged was made with the plaintiff and John Kelly jointly, and not with the plaintiff individually, and also tending to show that the demand for the stock was made when no sale of bonds had been effected, and the contemplated sale was never in fact consummated. These assignments are not seriously…
2Cases cited2 opinions
- United States v. PeckSupreme Court of the United States · 1880
- Mines v. MooreIllinois Supreme Court · 1866
3Cited by2 opinions
- Stevens v. Howard D. Johnson Co.Court of Appeals for the Fourth Circuit · 1950
- George A. Fuller Co. v. BrownCourt of Appeals for the Fourth Circuit · 1926