Legal Opinion

Towle v. Hammond

Court of Appeals for the Sixth Circuit

Decided February 6, 1900No. 660Published

Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is an appeal by Marcus M. Towle from a decree of the circuit court dismissing his bill in equity against the personal representatives of George H. Hammond, deceased.

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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is an appeal by Marcus M. Towle from a decree of the circuit court dismissing his bill in equity against the personal representatives of George H. Hammond, deceased. The prayer of the bill was for an accounting by the administrators of the estate of George H. Hammond to Towle for profits received by Hammond m the business of slaughtering cattle and transporting meat by refrigerator cars from what is now Hammond, Ind., to the Eastern markets and to Europe, in which business, the bill averred, Towle…

1Opinion of the CourtTaft, Circuit Judge

(after stating the facts as above). Serious questions as to the admissibility of material evidence upon which the complainant relies, as to the statute of limitations, and as to laches were considered by the circuit court, and decided adversely to the complainant. We do not find it necessary to consider any of them, for the reason that upon the record, and all the evidence as it is presented to the court, titis seems to be a very plain case for the defendant. The main controversy turns on the terms of the contract of partnership entered into between Hammond and Towle in the spring of 1877,…

2Cases cited7 opinions

  1. Karrick v. HannamanSupreme Court of the United States · 1897
  2. Amsinck v. BeanSupreme Court of the United States · 1875
  3. Dimon v. . HazardNew York Court of Appeals · 1865
  4. Reese & Heylin v. BradfordSupreme Court of Alabama · 1848
  5. Monroe v. HamiltonSupreme Court of Alabama · 1877

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