Cake v. Mohun
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an appeal taken by Horace M. Cake and the administrators of William B. Moses, surety upon a certain undertaking of his to pay Francis B. Mohun, appellee’s intestate, such sums as the court should find to be due the latter as receiver of the furniture, equipments and- other personal property of the hotel known as La Normandie, in the city of Washington.
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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an appeal taken by Horace M. Cake and the administrators of William B. Moses, surety upon a certain undertaking of his to pay Francis B. Mohun, appellee’s intestate, such sums as the court should find to be due the latter as receiver of the furniture, equipments and- other personal property of the hotel known as La Normandie, in the city of Washington. The original bill was filed April 23, 1891, by the appellant Cake to foreclose a chattel mortgage or déed of trust executed by one Woodbury to William B. Moses and John O.…
1Opinion of the Court
Mr. Justice Brown,
after stating the case, delivered. the opinion of the court.
1. The first error assigned is to the allowance by the court below of a revival of ■ the case in the name of the executrix of Francis B. Mohun. As the original decree in favor of Mohun was passed March 10, 1893, and as the order making the executrix a party, was made by the Court of Appeals January 4, 1894, it would appear that Mohun died after the case had been carried to the Court of Appeals and before it was finally decided. It will scarcely be claimed that a judgment in his favor lapsed by his death, and that no…
2Cases cited6 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Cowdrey v. Galveston, Houston, & Henderson RailroadSupreme Court of the United States · 1877
- Schmittler v. . SimonNew York Court of Appeals · 1889
- Roberts v. BollesSupreme Court of the United States · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
- United States v. Sylacauga Properties, Inc.Court of Appeals for the Fifth Circuit · 1963
- International Trust Co. v. United Coal Co.Supreme Court of Colorado · 1900
- Independent Steel & Wire Co. v. New Mexico Cent. R.New Mexico Supreme Court · 1918
- In Re Avorn Dress Co.Court of Appeals for the Second Circuit · 1935
27 more not listed; retrieve them via the Exa API.