Lawton v. Carpenter
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the District of South Carolina, at Greenville. , Action by N. Leslie Carpenter and others, trading under the firm name of Carpenter, Baggot & Co., against A. W. Lawton. Judgment for plaintiffs, and defendant brings error.
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In Error to the Circuit Court of the United States for the District of South Carolina, at Greenville. , Action by N. Leslie Carpenter and others, trading under the firm name of Carpenter, Baggot & Co., against A. W. Lawton. Judgment for plaintiffs, and defendant brings error. This is an action at law instituted in the Circuit Court of the United States for the District of South Carolina to recover the sum of $4,621.69. It is alleged in the complaint that the liability of the defendant was that of surety on a note executed and delivered to the plaintiffs by the LawtonSimpson Company, a Georgia…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). For the purpose of convenience the plaintiff in error will hereafter *363be referred to as the defendant, and the defendant in error as the plaintiff; that being the relative positions of the parties in the court below.
There are a number of assignments of error, but it is insisted by the plaintiff that, inasmuch as both parties made motions for the direction of a verdict, they thereby submitted all questions of law and fact to the court, and, having directed a verdict in favor of the plaintiffs, the court is presumed to have found all facts necessary to a…
2Cases cited11 opinions
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- Runkle v. BurnhamSupreme Court of the United States · 1894
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3Cited by3 opinions
- Chisholm v. GilmerCourt of Appeals for the Fourth Circuit · 1936
- Swift & Co. v. Columbia Ry., Gas & Electric Co.Court of Appeals for the Fourth Circuit · 1927
- Crescent Mfg. Co. v. Patterson Mfg. Co.Court of Appeals for the Fourth Circuit · 1912