Ft. Dodge Portland Cement Corp. v. Monk
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of South Dakota; Martin J. Wade, Judge. Action at law by the Ft. Dodge Portland Cement Corporation against H. E. Monk and Knut Elendal, administrators of the estate of A. J. Thomsen, deceased. From an order granting a new trial, plaintiff brings error.
1Opinion of the Court
CARLAND, Circuit Judge.
Action to recover the amount of a promissory note for $10,000 given by one A. J. Thomsen to plaintiff in error. Plaintiff in error recovered judgment for the amount of the note and interest. Defendants in error moved for a new trial upon the grounds: (a) The court erred in refusing to direct a verdict in their behalf, (b) errors in charge to the jury, (c) error in refusing to instruct jury as requested. The trial court granted the motion for a new trial for the reason that the note was given for the purchase price of preferred stock of the plaintiff in error and that at…
2Cases cited14 opinions
- Heike v. United StatesSupreme Court of the United States · 1910
- Hume v. BowieSupreme Court of the United States · 1893
- United States v. BeattySupreme Court of the United States · 1914
- Lodge v. TwellSupreme Court of the United States · 1890
- Meagher v. Minnesota Thresher Manufacturing Co.Supreme Court of the United States · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- Hunt v. United StatesCourt of Appeals for the Tenth Circuit · 1931
- Frank Mercantile Corp. v. Prudential Ins. Co. of AmericaCourt of Appeals for the Third Circuit · 1940
- Libby, McNeill & Libby v. MalmskoldCourt of Appeals for the Ninth Circuit · 1940
- Miller v. United StatesCourt of Appeals for the Sixth Circuit · 1949
6 more not listed; retrieve them via the Exa API.