Nevada Co. v. Farnsworth
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. This is an action for money had and received, which was brought by the Nevada Company, the plaintiff in error, against Philo T. Farnsworth, the defendant in error. The complaint stated two independent causes of action of the same class in separate counts.
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In Error to the Circuit Court of the United States for the District of Utah. This is an action for money had and received, which was brought by the Nevada Company, the plaintiff in error, against Philo T. Farnsworth, the defendant in error. The complaint stated two independent causes of action of the same class in separate counts. Upon the first cause of action a verdict was returned against the Nevada Company, while upon the second cause of action a verdict was returned in its favor. The present writ of error, which was sued out by the plaintiff, challenges the judgment against the plaintiff…
1Opinion of the CourtThayer, Circuit Judge
The chief question which this record presents for our determination is whether the trial court erred in refusing to direct a verdict for the Nevada Company on the first count of its complaint for the sum of $41,250, with interest thereon from August 27, 1897. The principal contention urged upon the argument — and it is also the main proposition which is advanced in the brief — is that an instruction to this effect, which was requested, ought to have been given at the conclusion of the evidence. We shall accordingly direct our attention in the first instance to this proposition. Concerning…
2Cited by6 opinions
- Lemon v. United StatesCourt of Appeals for the Eighth Circuit · 1908
- Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Boatmen's Bank v. Trower Bros.U.S. Circuit Court for the District of Western Missouri · 1909
- Farnsworth v. Nevada Co.Court of Appeals for the Eighth Circuit · 1900
- Himrod v. Ft. Pitt Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1916
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