Carey v. Bilby
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. John S. Bilby and Russell I. Bilby, the defendants in error in case No. 1,929, brought an action against John L. Carey, the plaintiff in error, to recover certain damages for injuries which they claimed to have sustained in consequence of their being induced by the defendant, Carey, to purchase from him certain Texas cattle through false representations.
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In Error to the Circuit Court of the United States for the District of Nebraska. John S. Bilby and Russell I. Bilby, the defendants in error in case No. 1,929, brought an action against John L. Carey, the plaintiff in error, to recover certain damages for injuries which they claimed to have sustained in consequence of their being induced by the defendant, Carey, to purchase from him certain Texas cattle through false representations. John S. Bilby and John E. Bilby, the defendants in error in case No. 1,930, brought a similar action against John L. Carey, plaintiff in error. The complaints in…
1Opinion of the CourtThayer, Circuit Judge
At the conclusion of the evidence on the trial below, counsel for the defendant requested a peremptory instruction to find a verdict in favor of his client. This instruction was asked, as it seems, on the sole ground that the release which had been executed by the plaintiff Bilby in favor of T. J. Hysham and C. J. Hysham operated as a release of the defendant, Carey, although it was not so intended, and that no action could be maintained against him in consequence of the execution of this instrument. The trial court denied the request, holding that the release in question did not have the…
2Cases cited8 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Ellis v. EssonWisconsin Supreme Court · 1880
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- McBride v. ScottMichigan Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Gronquist v. OlsonSupreme Court of Minnesota · 1954
- Black v. MartinMontana Supreme Court · 1930
- Edens v. FletcherSupreme Court of Kansas · 1908
28 more not listed; retrieve them via the Exa API.