Tobey v. Kilbourne
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; R. S. Bean, Judge. Suit by Frank L. Tobey and others against Edward C. Kilbourne and others to set aside a conveyance of land for fraud. Decree for the defendants, and plaintiffs appeal.
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Appeal from the District Court of the United States for the District of Oregon; R. S. Bean, Judge. Suit by Frank L. Tobey and others against Edward C. Kilbourne and others to set aside a conveyance of land for fraud. Decree for the defendants, and plaintiffs appeal. The appellees were the principal stockholders of the Kilbourne & Clark Company, a corporation of Seattle, Wash., engaged in furnishing electrical supplies, machinery, and installing pumping plants for irrigation projects. De Larm and Biehl were the managers and the principal stockholders in the Columbia River Orchards Company,…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The court below, upon the evidence, found that the appellees were not parties to the fraud, and that they knew nothing about it until long after they had paid the full consideration which they agreed to pay for the property; that they did not know the amount of bonds issued by the Orchards Company, or the securities behind the bonds, or the truth or falsity of any representations made by De Larm or others concerning the same, or the details of the transactions between the appellants and De Larm; that in compliance with their agreement when they took the…
2Cases cited17 opinions
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- Seibel v. HighamSupreme Court of Missouri · 1909
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