Legal Opinion

Billing v. Gilmer

Court of Appeals for the Fifth Circuit

Decided June 5, 1894No. 188Published

Appeal from the Circuit Court of the United States for the Middle District of Alabama. This was an application by James N. Gilmer, appellee, for a rehearing, after a decision reversing the decree appealed from (60 Fed. 332).

1Opinion of the Court

TOULMIN, District Judge.

Appellee, James N. Gilmer, in his amended bill filed in the state court avers in substance that the stock in question was transferred to Morris about the 30th of. March, 1871, as security for the repayment of the purchase price thereof, which had been paid by Morris, and also as a basis of credit with Morris for money due him and to become due to him from time to time by Gilmer; that part of the purchase money had been paid to Morris, but that a balance was due on account of it; and also that he (Gilmer) was liable to Morris for other small sums of money, and that…

2Cases cited4 opinions

  1. Gilmer v. MorrisSupreme Court of Alabama · 1885
  2. Corbitt v. CarrollSupreme Court of Alabama · 1874
  3. Billing v. GilmerCourt of Appeals for the Fifth Circuit · 1894
  4. Daughdrill v. HelmsSupreme Court of Alabama · 1875

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