Zimmern v. Blount
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of Florida; Wm. B. Sheppard,'Judge. Action by Samuel Zimmern against William A. Blount. Judgment for defendant, on demurrer to the amended counts of the complaint and to the replications, and defendant brings error.
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In Error to the District Court of the United States for the Northern District of Florida; Wm. B. Sheppard,'Judge. Action by Samuel Zimmern against William A. Blount. Judgment for defendant, on demurrer to the amended counts of the complaint and to the replications, and defendant brings error. The plaintiff in error, plaintiff in the District Court, originally instituted this suit on a promissory note, alleged to have been executed by the defendant in error, who was defendant in the District Court. The defendant filed a plea, relying upon a discharge in bankruptcy theretofore obtained by him.…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). The questions presented by the demurrers are the sufficiency of amended counts numbered 2, 3, 4, 5, and 7, and replications numbered 1, 2, 3, 4, and 5 to defendant’s plea of discharge in bankruptcy. The amended counts and corresponding replications are practically identical in legal effect.
[1] The second count and first replication charge that defendant’s agent, who negotiated the loan for him, falsely and fraudulently represented that the bank stock, which was pledged by defendant to secure the loan, had a fair market value of $140 a share, when the loan…
2Cases cited10 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Strang v. BradnerSupreme Court of the United States · 1885
- Friend v. TalcottSupreme Court of the United States · 1913
- Gordon v. ButlerSupreme Court of the United States · 1882
- Forsyth v. VehmeyerSupreme Court of the United States · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Davison-Paxon Co. v. CaldwellCourt of Appeals for the Fifth Circuit · 1940
- Bohn v. WatsonCalifornia Court of Appeal · 1954
- Levin v. SingerCourt of Appeals of Maryland · 1961
- In the Matter of Gordon Irving Wright, Bankrupt. Gordon Irving Wright, Bankrupt-Appellant v. George Lubinko, Creditor-AppelleeCourt of Appeals for the Ninth Circuit · 1975
- Judith Diane Duff Leach, Etc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Fifth Circuit · 1989
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