Legal Opinion

George v. Tate

Supreme Court of the United States

Decided January 10, 1881No. 160PublishedCited by 91 opinions

Error to the-Circuit Court of the United States for the District of Kansas. This was an action by Samuel W. Tate upon a bond bearing date Sept. 19, 1872, executed to John J. Myers and- William ' Gréen by the . firm of M. B. George & Brothers as principal, and J. W. L. Slavens as surety.

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Error to the-Circuit Court of the United States for the District of Kansas. This was an action by Samuel W. Tate upon a bond bearing date Sept. 19, 1872, executed to John J. Myers and- William ' Gréen by the . firm of M. B. George & Brothers as principal, and J. W. L. Slavens as surety. The bond was subject to the condition, — “ That whereas the said Myers &' Green have heretofore com- ■ menced, and now have pending, a civil action'in the District Court of Ellsworth County, State'of Kansas, against said-M.-B. George & Brothers, to recover the sum of $8,509.50, and have also, filed their…

1Opinion of the CourtJustice Swayne

The errors assigned in this case relate to three subjects: —

The admission in evidence by the court upon the trial below of the instrument dated Nov. 1, 1872;"

The refusal by the court to permit evidence to be given of fraud by the defendant in error, in procuring from the plaintiffs in ’ error the bond Upon which the judgment below was recovered;

And’ the instructions given by the court to the jury touching the set-off claimed by the plaintiffs in error.

These several topics will be separately considered:

It was in proof that the firm of Myers & Green were largely indebted .to Tate. He applied to…

2Cases cited5 opinions

  1. Dickerson v. ColgroveSupreme Court of the United States · 1880
  2. Jones v. Guaranty & Indemnity Co.Supreme Court of the United States · 1880
  3. Craig v. . ParkisNew York Court of Appeals · 1869
  4. Hartshorn v. DaySupreme Court of the United States · 1857
  5. Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809

3Cited by91 opinions

  1. Babcock v. FarwellIllinois Supreme Court · 1910
  2. Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
  3. Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
  4. Hetchkop v. Woodlawn At Grassmere, Inc.Court of Appeals for the Second Circuit · 1997
  5. Papke v. G. H. Hammond Co.Illinois Supreme Court · 1901

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