Fuller v. Reed
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Massachusetts; Frederic Dodge, Judge. Bill by Charles D. Fuller and others against Philip U. Reed and others. From a decree dismissing the bill (229 Fed. 737), complainants appeal.
1Opinion of the Court
MORTON, District Judge.
[1] The misrepresentations relied on by the complainant to avoid the assignment from Thurston are alleged to have been made orally by Calder to Thurston at the interview between them. The only persons in a position to testify to what then occurred were Thurston, Calder, and Thurston’s niece, Rose Thurston. All three were examined and cross-examined before the learned judge who heard the case in the District Court. The only substantial question before us is whether his refusal to accept the testimony of Thurston and Rose Thurston (which in the vital parts was…
2Cases cited1 opinion
- Trujillo & Mercado v. Succession of RodriguezCourt of Appeals for the First Circuit · 1916
3Cited by8 opinions
- Moore v. Ford Motor Co.Court of Appeals for the Second Circuit · 1930
- Cunningham v. Merchants' Nat. Bank of ManchesterCourt of Appeals for the First Circuit · 1925
- Universal Gas Co. v. Central Illinois Public Service Co.Court of Appeals for the Seventh Circuit · 1939
- Malloy v. New York Life Ins. Co.Court of Appeals for the First Circuit · 1939
- Kennedy v. City of White Bear LakeCourt of Appeals for the Eighth Circuit · 1930
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