Legal Opinion

Balfour v. San Joaquin Valley Bank

U.S. Circuit Court for the District of Northern California

Decided September 20, 1906No. 13,901PublishedCited by 5 opinions

In Equity. On demurrer to bill.

1Opinion of the Court

WHITSON, District Judge.

Defendants have demurred for want of equity in the bill of complaint. It is argued that complainants have disclosed by the bill a knowledge of the matters which they would discover; that it is shown upon its face that they are in possession of sufficient information to bring and successfully maintain, if the allegations are true, an action at law for the recovery of the amounts alleged to have been misappropriated by the defendant bank; that the facts pleaded • simply disclose an indebtedness, the several amounts claimed being known to the complainants, for they are…

2Cases cited13 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Boyce's Executors v. GrundySupreme Court of the United States · 1830
  3. Hammond v. HopkinsSupreme Court of the United States · 1892
  4. Kilbourn v. SunderlandSupreme Court of the United States · 1889
  5. Insurance Co. v. BaileySupreme Court of the United States · 1871

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3Cited by5 opinions

  1. London Guarantee & Accident Co. v. Bell Telephone Co.U.S. Circuit Court for the District of Western New York · 1909
  2. Horn v. Los Angeles Nut HouseCalifornia Court of Appeal · 1936
  3. Clarke v. Gold Dust Corp.District Court, D. New Jersey · 1934
  4. Johnson v. Capitol Life Ins.Court of Appeals for the Ninth Circuit · 1935
  5. Peter Barceloux Co. v. BuffumCourt of Appeals for the Ninth Circuit · 1932

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