Legal Opinion

International Harvester Co. v. Patterson

Court of Appeals for the Eighth Circuit

Decided April 15, 1919No. 5209PublishedCited by 5 opinions

Appeal from the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Suit in equity by the International Harvester Company of America against Henry Patterson and others. Decree for defendants, and complainant appeals.

1Opinion of the Court

HOOK, Circuit Judge.

This is an appeal by the International Pla-rvester Company from a decree denying it relief in a foreclosure suit upon notes and a mortgage given by defendant Patterson. The interest of defendant Miner is unimportant, and further reference to her may be omitted. The defenses appear from the findings of the trial court, which may be briefly summarized as follows: (1) That defendant Patterson was incapable of exercising a deliberate judgment, because of mental and physical weakness, though not lacking contractual capacity; (2) that he was imposed upon in the sense that he was…

2Cases cited3 opinions

  1. Davis v. WellsSupreme Court of the United States · 1881
  2. Violett v. PattonSupreme Court of the United States · 1809
  3. Lawrence v. McCalmontSupreme Court of the United States · 1844

3Cited by5 opinions

  1. Smith v. Minneapolis Threshing MacH. Co.Supreme Court of Oklahoma · 1923
  2. Lincoln Bank v. Gem City Wholesale Grocery Co.Supreme Court of Pennsylvania · 1926
  3. Armstrong v. Rushton (In Re Armstrong)Bankruptcy Appellate Panel of the Tenth Circuit · 2003
  4. Moore v. Lee Tire & Rubber Co. of New York, Inc.Court of Appeals for the Eighth Circuit · 1921
  5. Penner v. International Harvester Co. of AmericaSupreme Court of Oklahoma · 1935

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