Legal Opinion

Harris v. Moreland Motor Truck Co.

Court of Appeals for the Ninth Circuit

Decided March 27, 1922No. 3759PublishedCited by 5 opinions

In Error to the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Action at law by Charles E. Harris, as trustee in bankruptcy of the Davis Transit Company, against the Moreland Motor Truck Company and others. Judgment for defendants, and plaintiff brings error.

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In Error to the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Action at law by Charles E. Harris, as trustee in bankruptcy of the Davis Transit Company, against the Moreland Motor Truck Company and others. Judgment for defendants, and plaintiff brings error. Action by the trustee of the Davis Transit Company, a bankrupt corporation, formerly in the automobile stage business, against the Moreland Motor Truck Company, a corporation, and individual defendants, to recover $51,000. Verdict and judgment for the…

1Opinion of the CourtHunt, Circuit Judge

(after stating the facts as above). Plaintiff in error contends that the verdict was against the law, in that the jury did not apply the instructions to the evidence; the point urged being that no recaption of the trucks was had by the Moreland Company, but that it proceeded in another way to collect, by taking charge of the business, under a promise to conduct it and collect the amount owing to it from the proceeds, and then to turn back the business to the Davis Company. Although all the evidence is not included in the hill of exceptions, we gather these facts from the record:

The…

2Cases cited5 opinions

  1. Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
  2. A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
  3. Bell v. BlessingCourt of Appeals for the Ninth Circuit · 1915
  4. In re Robinson Mach. Co.District Court, E.D. Michigan · 1920
  5. Stanton v. HampleCourt of Appeals for the Ninth Circuit · 1921

3Cited by5 opinions

  1. Strika v. Netherlands Ministry of Traffic, Directorate General of ShippingCourt of Appeals for the Second Circuit · 1950
  2. Hans Zimmerman v. Delos C. EmmonsCourt of Appeals for the Ninth Circuit · 1955
  3. Hermitage Land & Timber Co. v. Scott's ExecutricesCourt of Appeals of Kentucky (pre-1976) · 1936
  4. Western Battery & Supply Co. v. Hazelett Storage Battery Co.Court of Appeals for the Eighth Circuit · 1932
  5. Strika v. Netherlands Ministry of Traffic, Directorate General of ShippingCourt of Appeals for the Second Circuit · 1950

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