Myers v. Hettinger
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. Franklin P. Hettinger as receiver of the Hutchinson National Bank, the plaintiff'below, brought this suit against James Myers, the defendant below, to recover the contents of a nonnegotiable promissory note for $1,000 payable to W. L. Little, and by him indorsed and transferred for value to the Hutchinson National Bank.
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In Error to the Circuit Court of the United States for the District of Kansas. Franklin P. Hettinger as receiver of the Hutchinson National Bank, the plaintiff'below, brought this suit against James Myers, the defendant below, to recover the contents of a nonnegotiable promissory note for $1,000 payable to W. L. Little, and by him indorsed and transferred for value to the Hutchinson National Bank. In addition to the general denial, the answer set out that the note was procured by fraud and was without consideration; that it was given for bank stock, concerning which the parties, at the time…
1Opinion of the Court
CALDWELL, Circuit Judge.
At the threshold of this case we are constrained to remark that the record presents an inexcusable amount of rubbish. We fully agree with the learned trial judge that there is a “want of simplicity in the pleadings.” They are prolix, and contain much that is frivolous and irrelevant. The presentation of the case to this court is characterized by the same faults. As has been stated, the cause was tried before the court, who made a special finding of facts; and notwithstanding the repeated decisions of the supreme court and of this court, and, indeed, of all the…
2Cases cited13 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Bank v. KennedySupreme Court of the United States · 1873
- Price v. AbbottU.S. Circuit Court for the District of Massachusetts · 1883
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3Cited by35 opinions
- Yeldell v. TuttCourt of Appeals for the Eighth Circuit · 1990
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Patterson v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- D'Arcy Spring Co. v. Marshall Ventilated Mattress Co.Court of Appeals for the Sixth Circuit · 1919
- Dangler v. Imperial MacH. Co.Court of Appeals for the Seventh Circuit · 1926
30 more not listed; retrieve them via the Exa API.