Holley v. Smalley
Court of Appeals for the D.C. Circuit
Appeal from the Supreme Court of the District of Columbia. Assumpsit by William A. Smalley, as executor of T. S. Leach, deceased, against Francis Holley. Judgment for plaintiff, and defendant appeals. Reversed and remanded for a new trial.
1Opinion of the Court
VAN ORSDEL, Associate Justice.
This suit in assumpsit was brought by appellee to recover from defendant, Holley, upon a promissory note the sum of $3,923.27. From a judgment for the amount sued upon, defendant appeals.
The defense is, in substance, that the note in question was given in satisfaction of a series of notes'given from time to time by Holley for printing done by Ferris & Leach for the Bureau of Commercial Economics, a charitable organization, of Washington, D. C., of which defendant was president. The notes were given upon the assurance of Leach that he had personally assumed the…
2Cases cited2 opinions
- Stewart v. LansingSupreme Court of the United States · 1882
- Smith v. Sac CountySupreme Court of the United States · 1871
3Cited by10 opinions
- Goldwater v. OltmanCalifornia Supreme Court · 1930
- First State Bank v. RadkeNorth Dakota Supreme Court · 1924
- Abrams v. American Security & Trust Co.Court of Appeals for the D.C. Circuit · 1940
- Wolf v. Peoples BankAppellate Court of Illinois · 1929
- Isard v. ApplesteinDistrict of Columbia Court of Appeals · 1958
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