Bradshaw v. Miners' Bank of Joplin
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This was a suit in equity to enjoin the prosecution of a creditors’ hill filed by the Miners’ Bank of' Joplin to enforce collection of a judgment against the respondent Corwin C. Thompson. Demurrers were sustained to the original and amended and supplemental bills, and decree entered dismissing the suit as against the bank for want of equity.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This was a suit in equity to enjoin the prosecution of a creditors’ hill filed by the Miners’ Bank of' Joplin to enforce collection of a judgment against the respondent Corwin C. Thompson. Demurrers were sustained to the original and amended and supplemental bills, and decree entered dismissing the suit as against the bank for want of equity. In this case, now here the second time, the suit was brought by the appellants, Frank M. Bradshaw and George W. Henry, citizens of…
1Opinion of the CourtWoods, Circuit Judge
We are of the opinion that upon the amended bill the appellants are entitled to relief. To the extent of the value of the stock pledged to indemnify Thompson against loss by reason of Ms contract of guaranty, the appellants have a real and substantial interest that the judgment in favor of the Miners’ Bank against Thompson shall not be enforced. It is urged, and the authorities cited to the point are perhaps conclusive, that Thompson is not in a position to ask equitable relief against the judgment, but it is on that account only the more important that relief should not be denied to the…
2Cases cited3 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Railroad Co. v. National BankSupreme Court of the United States · 1880
3Cited by14 opinions
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Jones v. Citizens' State BankSupreme Court of Oklahoma · 1913
- Siegmund v. General Commodities CorporationCourt of Appeals for the Ninth Circuit · 1949
- Murray Ferguson, as Trustee in Reorganization of Equitable Plan Company v. Bartels Brewing Company (Pa.)Court of Appeals for the Second Circuit · 1961
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