Issenhuth v. Kirkpatrick
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of South Dakota; Frank A. Youmans, Judge. Action by R. H. Kirkpatrick against Charles C. Issenhuth. Decree for plaintiff, and defendant appeals.
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Appeal from the District Court of the United States for the District of South Dakota; Frank A. Youmans, Judge. Action by R. H. Kirkpatrick against Charles C. Issenhuth. Decree for plaintiff, and defendant appeals. In the lower court the plaintiff, Kirkpatrick, filed a bill of complaint against the defendant, Issenhuth, alleging that Issenhuth had sold him, in June, 1912, 250 shares of the capital stock of the United Mercantile Agency, hereafter referred to as the company, and that he had made the purchase relying on false and fraudulent representations made by the defendant and known by him…
1Opinion of the Court
M,UNGER, District Judge
(after stating the facts as above). Some of the errors assigned challenge the action of the court in withdrawing the trial of the case from the jury and in ordering its transfer to the equity docket, and the trial and determination of it thereafter as if it were a suit in equity. The defendant objected to this action of the court because the evidence showed that the plaintiff was not entitled to maintain a suit for rescission, and because he had elected to bring the action as one at law for deceit and was bound by such election. Tbe court was of the opinion that section…
2Cases cited9 opinions
- Buzard v. HoustonSupreme Court of the United States · 1886
- Robb v. VosSupreme Court of the United States · 1894
- Ex Parte SimonsSupreme Court of the United States · 1918
- Thompson v. HowardMichigan Supreme Court · 1875
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Pitcairn v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1939
- Ringsby Truck Lines, Inc. v. Laurence J. BeardsleyCourt of Appeals for the Eighth Circuit · 1964
- Young v. MainCourt of Appeals for the Eighth Circuit · 1934
- Woods-Faulkner & Co. v. MichelsonCourt of Appeals for the Eighth Circuit · 1933
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