Legal Opinion

Swager v. Smith

Court of Appeals for the Fourth Circuit

Decided March 14, 1912No. 1,050PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Northern District of West Virginia, at Philippi, in Bankruptcy. Action by J. Truman Swager against Harvey F. Smith, as trustee in bankruptcy of William H. Tompkins and another, trading as Tompkins & Geary. From a judgment in favor of defendant, plaintiff appeals.

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Appeal from the District Court of the United States for the Northern District of West Virginia, at Philippi, in Bankruptcy. Action by J. Truman Swager against Harvey F. Smith, as trustee in bankruptcy of William H. Tompkins and another, trading as Tompkins & Geary. From a judgment in favor of defendant, plaintiff appeals. It appears from the evidence that .7. Truman Swager was the owner of a hotel and restaurant in Clarksburg, W. Va., which he occupied and conducted personally. Desiring to discontinue the hotel business, he entered into a contract of the 4th day of April, 1908, with Robert A.…

1Opinion of the CourtPritchard, Circuit Judge

(after stating the facts as above). [ 1 ] The question involved in the case at bar was passed upon by this court in the case of Ritchie County Bank v. McFarland, 183 Fed. 715, 106 C. C. A. 153; the court following in that case the decisions of the Supreme Court of West Virginia. That we are governed by the law of that state in this instance in passing upon the validity of the deed of *764trust in question is borne out by the following cases: Chicago Bank v. Kansas Bank, 136 U. S. 223-235, 10 Sup. Ct. 1013, 34 L. Ed. 341; Etheridge v. Sperry, 139 U. S. 266-277, 11 Sup. Ct. 565, 35 L. Ed. 171;…

2Cases cited23 opinions

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  3. Farrar v. ChurchillSupreme Court of the United States · 1890
  4. Humphrey v. TatmanSupreme Court of the United States · 1905
  5. Etheridge v. SperrySupreme Court of the United States · 1891

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3Cited by4 opinions

  1. Philadelphia Casualty Co. v. FechheimerCourt of Appeals for the Sixth Circuit · 1915
  2. Santa Marina Co. v. Canadian Bank of CommerceCourt of Appeals for the Ninth Circuit · 1918
  3. United States v. LankfordDistrict Court, E.D. Virginia · 1924
  4. In re HarndenDistrict Court, D. New Mexico · 1912

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