Legal Opinion

Barthel v. Stamm

Court of Appeals for the Fifth Circuit

Decided November 10, 1944No. 10993PublishedCited by 80 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The petition filed November 25, 1940, by appellee Margarete Stamm as executrix of her husband, Dr. Stamm, claimed federal jurisdiction because of diversity of citizenship, and alleged simply in the first count that defendant Barthel “borrowed from plaintiff’s testator on Nov. 30, 1934, ten thousand dollars which is evidenced by a certain check dated Nov. 30, 1934, payable to the defendant, endorsed and cashed by him”, which debt remains unpaid, and prayed judgment for $10,000 with interest from said date. The second count in similar words alleged a borrowing of $3,600 on…

2Cases cited7 opinions

  1. United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
  2. New York Central & Hudson River Railroad v. KinneySupreme Court of the United States · 1922
  3. Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
  4. Maty v. Grasselli Chemical Co.Supreme Court of the United States · 1938
  5. Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943

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

3Cited by80 opinions

  1. ASARCO, LLC v. Union Pacific RailroadCourt of Appeals for the Ninth Circuit · 2014
  2. Cathy Ann Glater v. Eli Lilly & Co.Court of Appeals for the First Circuit · 1983
  3. Helene Marceau Sidebotham v. W. L. Robison, Administrator of the Estate of Robert Sidebotham, Deceased, and Robert Sidebotham and James SidebothamCourt of Appeals for the Ninth Circuit · 1955
  4. Wagner v. Georgetown University Medical CenterDistrict of Columbia Court of Appeals · 2001
  5. Ely A. Martell v. Trilogy Limited Trilogy Systems Corp.Court of Appeals for the Ninth Circuit · 1989

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