Legal Opinion

Brent v. Simpson

Court of Appeals for the Fifth Circuit

Decided December 19, 1916No. 2977PublishedCited by 8 opinions

Appeal from the District Court of the United States for the Northern District of Florida; William B. Sheppard, Judge. Suit by R. B. Simpson, as trustee in bankruptcy of the estate of Knowles Bros., a corporation, bankrupt, against Thomas W. Brent and others, as executors of the last will and testament of F. C. Brent, deceased.. Decree for the plaintiff, and defendants appeal.

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Appeal from the District Court of the United States for the Northern District of Florida; William B. Sheppard, Judge. Suit by R. B. Simpson, as trustee in bankruptcy of the estate of Knowles Bros., a corporation, bankrupt, against Thomas W. Brent and others, as executors of the last will and testament of F. C. Brent, deceased.. Decree for the plaintiff, and defendants appeal. This is an appeal from a final decree of the District Court of the United States for the Northern District of Florida in a case in which the trustee in bankruptcy of the estate of Knowles Bros., a corporation, was…

1Opinion of the CourtGrubb, District Judge

(after stating the facts as above). [1, 2] The appeal presents a number of questions upon the admissibility of evidence, only one of which is important under the conclusions .we have reached. The appellant offered evidence tending to show that the receipt for the securities in controversy dated April 30,1913, was made to read in favor of Knowles Bros., instead of W. H. Knowles, through mistake of the draftsman. The court excluded this evidence, upon the ground that its effect was to vary the terms of the receipt, which were of a contractual nature. The receipt was twofold in character. It was…

2Cases cited9 opinions

  1. Park v. CameronSupreme Court of the United States · 1915
  2. Force v. Age-Herald Co.Supreme Court of Alabama · 1902
  3. Doe v. Northwestern Coal & Transportation Co.U.S. Circuit Court for the District of Oregon · 1896
  4. Jarboe v. ShiveleyCourt of Appeals of Kentucky · 1900
  5. Wayland's Adm'r v. MoselySupreme Court of Alabama · 1843

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3Cited by8 opinions

  1. United States Fidelity & Guaranty Co. v. English Construction Co.Massachusetts Supreme Judicial Court · 1939
  2. Von Schleinitz v. North Hotel Co.Supreme Court of Missouri · 1929
  3. Lowenstein v. ReikesCourt of Appeals for the Second Circuit · 1931
  4. Edward Hines Western Pine Co. v. First Nat. BankCourt of Appeals for the Seventh Circuit · 1932
  5. Lewis, Hubbard & Co. v. PughWest Virginia Supreme Court · 1934

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