Martin v. Rainwater
Court of Appeals for the Eighth Circuit
Appeal from the United States Court in the Indian Territory. In Equity. This was a petition of intervention hy Edward Martin in a creditors’ suit by Rainwater, Boogher & Co. and others against Smith & French and others. A demurrer was sustained to his petition, and he appeals. Statement by CALDWELL, Circuit Judge: X L. Smith, and Robert M. French were partners in the mercantile business in the Indian Territory, under the firm name of Smith & French.
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Appeal from the United States Court in the Indian Territory. In Equity. This was a petition of intervention hy Edward Martin in a creditors’ suit by Rainwater, Boogher & Co. and others against Smith & French and others. A demurrer was sustained to his petition, and he appeals. Statement by CALDWELL, Circuit Judge: X L. Smith, and Robert M. French were partners in the mercantile business in the Indian Territory, under the firm name of Smith & French. They were in debt for goods purchased to carry on their business, and in October, 1SS5, assigned their stock of goods and other property to…
1Opinion of the Court
CALDWELL, Circuit Judge,
(¡after stating the facts.) There is no room for contention as to the nature of the trust set up in the *9bill in the original case, and established by tbe decree therein. The bill, in terms, alleged (hat Smith & French assigned and transferred their property to Thompson for the benefit of their creditors, and that Thompson accepted the trust. The bill was brought to establish and enforce that trust. The court decreed:
“That dining the month of October, 1885, J. L. Smith and It. Ij. French, parties doing a general merchandise business at Talequah, Indian Territory,…
2Cases cited5 opinions
- Johnson v. WatersSupreme Court of the United States · 1884
- In the Matters of HowardSupreme Court of the United States · 1870
- Williams v. GibbesSupreme Court of the United States · 1855
- Fisher v. HerronNebraska Supreme Court · 1887
- Thompson v. RainwaterCourt of Appeals for the Eighth Circuit · 1892
3Cited by6 opinions
- Balch v. HaasCourt of Appeals for the Eighth Circuit · 1896
- Albert's Organics, Inc. v. HolzmanDistrict Court, N.D. California · 2020
- Baer v. RainwaterCourt of Appeals for the Eighth Circuit · 1895
- Namisnak v. Uber Technologies, Inc.District Court, N.D. California · 2021
- Perriello v. NapolitanoCourt of Appeals for the Second Circuit · 2009
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