Legal Opinion

Pandolfo v. Bank of Benson

Court of Appeals for the Ninth Circuit

Decided May 2, 1921No. 3589PublishedCited by 16 opinions

In Error to the District Court of the United States for the District of Arizona; David P. Dyer, Judge. Action for libel by Samuel C. Pandolfo against the Bank of Benson and others. From a judgment for defendants after demurrer to ihe complaint was sustained, plaintiff brings error.

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In Error to the District Court of the United States for the District of Arizona; David P. Dyer, Judge. Action for libel by Samuel C. Pandolfo against the Bank of Benson and others. From a judgment for defendants after demurrer to ihe complaint was sustained, plaintiff brings error. The .court below sustained a demurrer to a complaint which alleged in substance that the defendants, consisting of a large number of banks under the style of Arizona Bankers’ Association, together with their secretary, were engaged in the business of printing and publishing a certain book and pamphlet’called…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts,as above). [1] The defendants rely upon the proposition that the limit of liability of members of an unincorporated association is that the members are responsible for tortious acts committed by the society, where it can fairly be assumed that they were within the scope of the purpose for which the organization was formed, citing 5 C. J. 1364, and they contend that no such allegations of fact appear in the complaint. It is argued that the title of the book published by the association shows that it merely sets out an account of the proceedings of the association, and…

2Cases cited16 opinions

  1. Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
  2. Muetze v. TuteurWisconsin Supreme Court · 1890
  3. Cotton v. Fisheries Products Co.Supreme Court of North Carolina · 1919
  4. Bourreseau v. Detroit Evening Journal Co.Michigan Supreme Court · 1886
  5. Scofield v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1905

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3Cited by16 opinions

  1. Martin v. CurranNew York Court of Appeals · 1951
  2. Montgomery Ward & Co. v. LangerCourt of Appeals for the Eighth Circuit · 1948
  3. Sperry Products, Inc. v. Association of American RailroadsCourt of Appeals for the Second Circuit · 1942
  4. Prince v. PetersonUtah Supreme Court · 1975
  5. Walgreen Co. v. CochranCourt of Appeals for the Eighth Circuit · 1932

11 more not listed; retrieve them via the Exa API.

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