McMullen Lumber Co. v. Strother
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. As the case was determined in the court below on demurrer to the bill on the ground that it did not state facts sufficient to entitle the complainant to a standing in a court of equity, it becomes necessary to set out the substantive allegations of the bill.
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. As the case was determined in the court below on demurrer to the bill on the ground that it did not state facts sufficient to entitle the complainant to a standing in a court of equity, it becomes necessary to set out the substantive allegations of the bill. From March, 1901, to January 1, 1902, Herbert Y. McMullen, Frederic B. McMullen, and George W. McMullen, citizens of -the state of Illinois, residing at Chicago, were copartners under the firm name of McMullen Lumber Company. In the latter part of…
1Opinion of the CourtPhilips, District Judge
The principal objections urged against the bill of complaint are: (1) That the complainant has an adequate remedy at law as for damages on breaches of the contracts. (2) That the case made on the face-of the bill does not present the adjusting of mutual accounts between the parties. On the contrary, it presents nothing more than demands upon the defendant Strother to account to the complainant for what in law it was entitled to receive under the several contracts if kept and performed by Strother. And (3) that, notwithstanding the bill asks for a discovery from the defendant, and for relief,…
2Cases cited20 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
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3Cited by19 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Natural Gas Pipeline Company of America, Natural Gas Pipeline Company of America v. Energy Gathering, Inc., John Fox, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1993
- Kurtz v. BrownCourt of Appeals for the Third Circuit · 1906
- Schine v. SchineCourt of Appeals for the Second Circuit · 1966
- Komenarsky v. BrodeSupreme Court of Pennsylvania · 1931
14 more not listed; retrieve them via the Exa API.