Legal Opinion

Irvine v. Angus

U.S. Circuit Court for the District of Northern California

Decided December 27, 1897No. 4,858PublishedCited by 2 opinions

This was an action by William Irvine against James S. Angus, Thomas G. Grothers, and W. S. Goodfellow, executors, substituted defendants for James G. Fair, deceased, to recover $15,090.06 paid by Irvine as trustee on assessments levied on stock which he held pending an appeal taken by him to the United States supreme court from a decree of the circuit court establishing a trust with respect to said stock, and ordering it turned over to one S. F. Dunham, whose real name was…

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This was an action by William Irvine against James S. Angus, Thomas G. Grothers, and W. S. Goodfellow, executors, substituted defendants for James G. Fair, deceased, to recover $15,090.06 paid by Irvine as trustee on assessments levied on stock which he held pending an appeal taken by him to the United States supreme court from a decree of the circuit court establishing a trust with respect to said stock, and ordering it turned over to one S. F. Dunham, whose real name was James G. Fair.

1Opinion of the Court

HAWLEY, District Judge.

This action was brought by the plaintiff against James G. Fair, now deceased, to recover the amount of money paid by William Irvine in liquidation of assessments regularly levied upon 4,998¿ shares of stock of the Morgan Mining Company, which shares, at the time of the assessments, stood of record on the books of that corporation in the name of Irvine, but were, in fact, the property of James G. Fair. The assessments, five in number, wore paid between the 24th day of December, 1879, and May, 1884. The complaint in this action was filed April 13,1886. It is alleged in…

2Cases cited3 opinions

  1. Homestead Company v. Valley RailroadSupreme Court of the United States · 1873
  2. Litchfield v. County of WebsterSupreme Court of the United States · 1880
  3. Irvine v. DunhamSupreme Court of the United States · 1884

3Cited by2 opinions

  1. Irvine v. AngusCourt of Appeals for the Ninth Circuit · 1899
  2. In re Gouverneur Pub. Co.District Court, N.D. New York · 1909

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