Bond v. John V. Farwell Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. This was an action at law upon two instruments of guaranty. It was tried upon the second and third counts of the declaration, with nine separate pleas, and replication; demurrer to the first count having been sustained, and demurrer to the eighth plea having been overruled. All questions arising at the trial were determined by the court,' except the one of amount.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. This was an action at law upon two instruments of guaranty. It was tried upon the second and third counts of the declaration, with nine separate pleas, and replication; demurrer to the first count having been sustained, and demurrer to the eighth plea having been overruled. All questions arising at the trial were determined by the court,' except the one of amount. Motion for a new trial was overruled and the cause brought to this court upon proceedings in error. The first instrument of guaranty was as…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). Under the pleadings and proofs it is clear that the instruments sued on were signed by Jobe and Bond, and that the sum stated in the judgment represented the balance due for merchandise sold and delivered by the Farwell Company on the faith of those instruments to the Bond-Penn Company, with 7 per cent, interest from commencement of suit. The questions claiming our attention are: (1) Whether, under the guaranties, there was lack either of consideration moving from the Farwell Company to Jobe and Bond, or of notice of acceptance; and (2) whether those…
2Cases cited20 opinions
- Lámar v. MicouSupreme Court of the United States · 1885
- Davis v. WellsSupreme Court of the United States · 1881
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Lawrence v. McCalmontSupreme Court of the United States · 1844
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
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3Cited by14 opinions
- Moody v. KirkpatrickDistrict Court, M.D. Tennessee · 1964
- Smith v. Farbenfabriken of Elberfeld Co.Court of Appeals for the Sixth Circuit · 1913
- Shaw v. Goebel Brewing Co.Court of Appeals for the Sixth Circuit · 1913
- Audas v. Highland Land & Building Co. of DaytonCourt of Appeals for the Sixth Circuit · 1913
- Robert L. Moody v. Jack M. Bass, Jr.Court of Appeals for the Sixth Circuit · 1966
9 more not listed; retrieve them via the Exa API.