Legal Opinion

Kilborn v. Pyne

Court of Appeals for the Third Circuit

Decided March 7, 1922No. 2740PublishedCited by 7 opinions

In Error to the District Court of the United Stales for the District of New Jersey; Joseph E. Bodine, Judge. Action at law by Percy R. Pyne, Jr., against Horace M. Kilborn. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

DAVIS, Circuit Judge.

At the trial of this case, which was removed from the New Jersey Supreme Court, when the testimony was all in, the learned trial judge of the District Court directed a verdict for the plaintiff on the ground that the defendant’s evidence did not constitute a defense. Only a condensed statement of the facts is necessary for the determination of the questions involved:

At the request of the plaintiff and defendant, one Anderson T. Herd, on June 18, 1917, became an accommodation maker of a promissory note for $30,000 payable within three months to himself. The note, indorsed…

2Cases cited3 opinions

  1. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  2. Clyne v. HelmesSupreme Court of New Jersey · 1898
  3. Belknap v. . BenderNew York Court of Appeals · 1878

3Cited by7 opinions

  1. Mid-American Salt LLC v. Morris County Cooperative PricCourt of Appeals for the Third Circuit · 2020
  2. Irons Investment Co. v. RichardsonWashington Supreme Court · 1935
  3. Cuneo Press v. Claybourn CorporationCourt of Appeals for the Seventh Circuit · 1937
  4. Gruber v. Chesapeake & Ohio Railway Co.District Court, N.D. Ohio · 1958
  5. Audigier v. CommissionerUnited States Tax Court · 1954

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