E. H. Taylor, Jr., & Sons, Inc. v. First Nat. Bank of Aurora
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Kentucky;-Andrew M. J. Cochran, Judge. Action by the First National Bank of Aurora, Ind., against E. H. Taylor, Jr., & Sons, Incorporated. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern District of Kentucky;-Andrew M. J. Cochran, Judge. Action by the First National Bank of Aurora, Ind., against E. H. Taylor, Jr., & Sons, Incorporated. Judgment for plaintiff, and defendant brings error. This was an action at law to recover moneys alleged to be due from E. H. Taylor, Jr., & Sons, Incorporated (called defendant herein). Judgment was entered upon an instructed verdict, and defendant brings error. The instructed verdict is so far dependent upon the issues presented by the pleadings as to require a fuller…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] Examination of the statement will show that this case finally *901presents but two questions: The first is one of voluntary payment; the second, waiver of alleged defenses. These questions concern the two promissory notes each for $6,560, which were given by the defendant to the Cooperage Company, September 7, 1910, to cover the price of 4,000 whisky barrels that the Cooperage Company then contracted to manufacture and subsequently deliver to the defendant. The Cooperage Company was adjudged bankrupt in the following November, and so failed to manufacture…
2Cases cited12 opinions
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Utermehle v. NormentSupreme Court of the United States · 1905
- Tuttle v. StovallSupreme Court of Georgia · 1910
- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
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3Cited by17 opinions
- City National Bank of Fort Smith, Arkansas v. VanderboomDistrict Court, W.D. Arkansas · 1968
- Tisdel v. Central Savings Bank & Trust Co.Supreme Court of Colorado · 1931
- Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
- Anderson v. TwayCourt of Appeals for the Sixth Circuit · 1944
- Ford v. OttSupreme Court of Iowa · 1919
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