Thompson v. Rainwater
Court of Appeals for the Eighth Circuit
Appeal from the United States Court in the Indian Territory. STATEMENT BY THAYER, DISTRICT JUDGE. This case comes from the United States court in the Indian Territory.
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Appeal from the United States Court in the Indian Territory. STATEMENT BY THAYER, DISTRICT JUDGE. This case comes from the United States court in the Indian Territory. Rainwater, Boogher & Co., who are citizens of the state of Missouri, brought an action against the appellants, and also against the firm of Smith •& French, the purpose of which was to compel the appellants to account for certain property alleged to be in their possession, or which had been in their possession, that had been received by them from Smith & French. The bill filed in the lower court charged, in effect, that Smith &…
1Opinion of the Court
Thayer, District Judge,
(after slating the fads as above.) With respect to the main contention in the lower court, wo only deem it necessary to say that there is abundant evidence in the record to support the finding that a trust was created for the benefit of the creditors of Smith & French. We have no doubt, in view of all the testimony, that by virtue of an agreement between Smith & French and Johnson Thompson, made some time in the fall of 1885, Thompson assumed possession and control of all the partnership assets of Smith & French, and undertook to apply them, as far as they would extend,…
2Cited by3 opinions
- McClellan v. PyeattCourt of Appeals for the Eighth Circuit · 1895
- Martin v. RainwaterCourt of Appeals for the Eighth Circuit · 1893
- Baer v. RainwaterCourt of Appeals for the Eighth Circuit · 1895