Legal Opinion
Clark v. Gibbs
Court of Appeals for the Fifth Circuit
Decided February 10, 1934No. 7061PublishedCited by 8 opinions
1Opinion of the Court
SIBLEY, Circuit Judge.
Mrs. Ella E. Clark sued the executor of her deceased husband upon a note given to her by her husband the day before their marriage as part of an antenuptial settlement. Pleas of payment and accord and satisfaction were tried before a jury and a verdict directed for the defendant, plaintiff appealing.
We find it necessary to consider only whether the note was fully paid. It reads as follows: “40,000.06. Atlanta, Ga., Kov. 16, 1916. On demand after date I promise to pay to the order of Ella E. Baeheller $40,-000.00 at his office in Madison, Maine, without defalcation, for…
2Cases cited13 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Andrews v. PondSupreme Court of the United States · 1839
- Redfield v. Ystalyfera Iron Co.Supreme Court of the United States · 1884
- Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Palmer v. ChamberlinCourt of Appeals for the Fifth Circuit · 1951
- Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. OlveraCourt of Appeals for the Ninth Circuit · 1941
- Annette C. Gessler v. Nina Ross Gessler, as Administratrix of the Estate of John M. Gessler, DeceasedCourt of Appeals for the Fifth Circuit · 1959
- Smith v. Western & Southern Life Ins. Co.Court of Appeals for the Fifth Circuit · 1937
- Braniff Inv. Co. v. NortonCourt of Appeals for the Fifth Circuit · 1935
3 more not listed; retrieve them via the Exa API.