Legal Opinion
D. T. McKeithan Lumber Co. v. Fidelity Trust Co.
Court of Appeals for the Fourth Circuit
Decided June 8, 1915No. 1318PublishedCited by 6 opinions
Appeal from the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry A. Middleton Smith, Judge. Suit by the Fidelity Trust Company, trustee, against D. T. McKeithan Lumber Company and others. From decree (212 Fed. 229) for complainant and defendants J. M. Barr, W. R. Bonsai, and D. T. Mc-Keithan, defendant Lumber Company appeals.
1Per curiam
[1] Upon the issue of misrepresentation, which is the principal issue in the case, the learned judge presiding at the trial, who1 heard all the witnesses testify, made the following finding:
“The court finds as a conclusion of fact in this case that Mr. Poston and his associates in this case rested upon their own responsibility; that they relied not upon the codefendants in this case as constituting their officers or trustees, but were treating with them in the purchase of this property at arm’s length; that they were intelligent business men, well aware of their rights, and well qualified and…
2Cases cited9 opinions
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Farnsworth v. DuffnerSupreme Court of the United States · 1891
- Latimer v. WhartonSupreme Court of South Carolina · 1894
- Gorham Mfg. Co. v. Emery-Bird-Thayer Dry-Goods Co.Court of Appeals for the Eighth Circuit · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wolf Mineral Process Corp. v. Minerals Separation North American Corp.Court of Appeals for the Fourth Circuit · 1927
- International Organization v. Red Jacket Consol. Coal &. Coke Co.Court of Appeals for the Fourth Circuit · 1927
- Illinois Watch Case Co. v. Hingeco Mfg. Co.Court of Appeals for the First Circuit · 1936
- Pollock v. JamesonCourt of Appeals for the D.C. Circuit · 1934
- Halsey v. Minnesota-South Carolina Land & Timber Co.Court of Appeals for the Fourth Circuit · 1928
1 more not listed; retrieve them via the Exa API.