Kellogg v. Clyne
Court of Appeals for the Eighth Circuit
In Error to tbe Circuit Court of tbe United States for tbe District of Nebraska. Action by William H. Kellogg and others, composing tbe firm of Charles P. Kellogg & Co., against John Clyne, for goods sold and delivered. An attachment was issued in the action, and levied upon property which Louis C. Clyne claimed to own by virtue of a chattel mortgage to him from John Clyne. Louis 0. Clyne intervened, claiming the property, and judgment was entered in his favor.
Read the full summary
In Error to tbe Circuit Court of tbe United States for tbe District of Nebraska. Action by William H. Kellogg and others, composing tbe firm of Charles P. Kellogg & Co., against John Clyne, for goods sold and delivered. An attachment was issued in the action, and levied upon property which Louis C. Clyne claimed to own by virtue of a chattel mortgage to him from John Clyne. Louis 0. Clyne intervened, claiming the property, and judgment was entered in his favor. Plaintiffs bring error. Statement by THAYER, District Judge: This was an intervention by Louis O. Clyne in an attachment suit brought…
1Opinion of the Court
THAYER, District Judge,
after stating tbe facts as above, delivered tbe opinion of tbe court.
In view of tbe nature of tbe case, and tbe evidence offered to substantiate tbe allegations of fraud, we think that some of tbe exceptions to tbe charge are well founded. In tbe course of tbe charge tbe trial court made use of tbe following language:
“A great deal has been said about brothers, and the conspiracy between them. I do not know of any testimony that tends to show any conspiracy between the brothers for the purpose of defrauding creditors, so far as 1 am able to see, and I think I ought to…
2Cited by7 opinions
- In the Matter of Las Colinas, Inc., and Eastern Shore Development Corporation, Debtors, Appeal of Vigdor SchreibmanCourt of Appeals for the First Circuit · 1970
- Union Securities Co. v. SmithWashington Supreme Court · 1916
- Kemp v. Creston Transfer Co.District Court, N.D. Iowa · 1947
- Russell v. FrankSupreme Court of Missouri · 1941
- McHugh v. DuaneDistrict of Columbia Court of Appeals · 1947
2 more not listed; retrieve them via the Exa API.