Putnam v. Day
Supreme Court of the United States
Appeal from the Circuit Court for the District of Indiana; the case being thus: In January, 1868, Putnam and others, having obtained, in the Floyd County Circuit Court of the State of Indiana, a judgment against the New Albany and Sandusky City Junction Kail road Company, filed in the court below, the Circuit Court of the United States for the District of Indiana, a creditor’s bill against the city of New Albany, Indiana, one Day, and several other defendants, for the…
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Appeal from the Circuit Court for the District of Indiana; the case being thus: In January, 1868, Putnam and others, having obtained, in the Floyd County Circuit Court of the State of Indiana, a judgment against the New Albany and Sandusky City Junction Kail road Company, filed in the court below, the Circuit Court of the United States for the District of Indiana, a creditor’s bill against the city of New Albany, Indiana, one Day, and several other defendants, for the purpose of compelling them as stockholders of the said railroad company, to pay certain amounts alleged in the bill to be due…
1Opinion of the CourtJustice Bradley
The complainant in the bill filed below failed utterly, we think, to make out a case of fraud, mistake, or want of authority on the part of his solicitors and counsel in filing the pleadings in the original suit, and taking, the ground they did on his behalf. Of course fraud is not charged; but the complainant relied on the fact that he never saw the answer or cross-bill, and did not know their contents. This is no ground for allowing him to repudiate them now. It is not alleged that he would have placed his defence on any different ground had the answer and cross-bill been read by him.…
2Cases cited1 opinion
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
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- Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.Court of Appeals for the Second Circuit · 1929
- Buffington v. HarveySupreme Court of the United States · 1877
- Thompson v. MaxwellSupreme Court of the United States · 1877
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