Whitcomb v. Shultz
Court of Appeals for the Second Circuit
"Appeal from the District Court of the United States for the Southern District of New York. This cause comes here on appeal from a judgment entered upon an order made b.y the United States District Court for the Southern District of New York, which order was filed August 7, 1914, and which dismissed the bill of complaint on the ground that it did not state a valid cause of action in equity. James A. Whitcomb was and is a citizen of the state of Oklahoma.
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"Appeal from the District Court of the United States for the Southern District of New York. This cause comes here on appeal from a judgment entered upon an order made b.y the United States District Court for the Southern District of New York, which order was filed August 7, 1914, and which dismissed the bill of complaint on the ground that it did not state a valid cause of action in equity. James A. Whitcomb was and is a citizen of the state of Oklahoma. George S. Shultz was and is a citizen of the state of New York. The Robertson Sales Company was and is a corporation existing under the laws…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] The plaintiff has come into a court of equity to obtain the cancellation of a contract of suretyship into which he entered, and he asserts that he is entitled to be discharged from all liability therein because o E the fraud practiced upon him in inducing him to enter into the aforesaid contract. And as an action at law was brought against him on the contract, and a judgment was obtained in the amount of $24,-607.95, which this court affirmed in 215 Fed. 75, 131 C. C. A. 383 (1914), an injunction is sought to restrain the defendant from enforcing it. At…
2Cases cited14 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Burnes v. ScottSupreme Court of the United States · 1886
- George v. TateSupreme Court of the United States · 1881
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Hartshorn v. DaySupreme Court of the United States · 1857
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Fox West Coast TheatresCourt of Appeals for the Ninth Circuit · 1937
- Moffett v. RobbinsCourt of Appeals for the Tenth Circuit · 1936
- Jefferson v. Gypsy Oil Co.Court of Appeals for the Eighth Circuit · 1928
- Pringle v. StorrowDistrict Court, D. Massachusetts · 1925
- Lyons v. Empire Fuel Co.Court of Appeals for the Sixth Circuit · 1920
9 more not listed; retrieve them via the Exa API.