Means v. Dowd
Supreme Court of the United States
APPEAL EEOM THE CIRCUIT COURT OF THE UNITED STATES FOR- THE WESTERN DISTRICT OF NORTH CAROLINA. - This was an appeal from a decree of the Circuit Court of the United States for the Western District of North Carolina, dismissing a bill brought by Paul B. Means, assignee in bankruptcy of Charles G. Montgomery and Charles D. Dowd, partners, composing the firm of Montgomery & Dowd, against Clement Dowd, A. B: Davidson, Charles.G.
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APPEAL EEOM THE CIRCUIT COURT OF THE UNITED STATES FOR- THE WESTERN DISTRICT OF NORTH CAROLINA. - This was an appeal from a decree of the Circuit Court of the United States for the Western District of North Carolina, dismissing a bill brought by Paul B. Means, assignee in bankruptcy of Charles G. Montgomery and Charles D. Dowd, partners, composing the firm of Montgomery & Dowd, against Clement Dowd, A. B: Davidson, Charles.G. Montgomery and Charles D. Dowd. t On and prior to the 24th day of April, 1876, the firm of Montgomery & Dowd carried on a mercantile business in the town of Concord,…
1Opinion of the CourtJustice Millee
We are of the opinion that, whether the case be decided upon the face of the instrument itself, or in view of the testimony as to„ the conduct of the parties, the decree should be in. favor of the complainant. The principles, if not the exact language of the statute of 13 Eliz., have been accepted in the equitable jurisprudence of nearly all the States of common-law origin, and they are the law of North Carolina, with a modification which is attempted to be applied to this case. That is, that where the question of the validity of an instrument of this kind, or any other conveyance of property…
2Cases cited2 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Bank of Leavenworth v. HuntSupreme Court of the United States · 1871
3Cited by42 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Shapiro v. WilgusSupreme Court of the United States · 1932
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- Etheridge v. SperrySupreme Court of the United States · 1891
- First Nat. Bank of Cincinnati v. FlershemSupreme Court of the United States · 1934
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