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CITY NATIONAL BANK OF FORT WORTH V. HUNTER, 129 U. S. 557 (1889)

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U.S. Supreme Court

City National Bank of Fort Worth v. Hunter, 129 U.S. 557 (1889)

City National Bank of Fort Worth v. Hunter

No. 116

Submitted December 10, 1888

Decided March 5, 1889

129 U.S. 557

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF TEXAS

Syllabus

On the proofs, which are reviewed at length in the case stated by the Court, held that the agreements between the parties of March 20, 1880, were so far consummated that neither party to this suit can insist upon superiority of lien as between themselves; that no case of misrepresentation of facts, as distinguished from matters of opinion, is made out to warrant declaring the agreements null and void; that the execution and delivery of his note by Dawson and the delivery of the cattle to him, and O'Neal's bill of sale consummated the written agreement so far as he was concerned; that the action of appellants in commencing suit against Dawson and O'Neal, and in taking possession of the cattle was unjustifiable, and that Dawson may recover his damages thereby suffered by way of reconvention in this suit; that the original bill for foreclosure having been amended so as to be in the alternative, seeking the ascertainment of the indebtedness of O'Neal to complainants and the payment of their share of the proceeds of the cattle, the bill should be retained and go to decree; that the pro rata proportions of indebtedness were incorrect; that the appellant is not so situated as to be entitled to set up an estoppel in this respect; that the proportions in which the fund should be divided between the parties should be determined as of the date that Dawson paid the money into the bank; that the laws of Illinois govern as to the rate of interest, and that, as the decree was severable in fact and in law, and as O'Neal's estate (he having deceased) had no concern with the matters complained of by the bank and by Dawson, they were entitled to prosecute their appeal without joining O'Neal's administratrix, who did not think proper to question the judgment.

In equity. The Fort Worth Bank and Dawson, respondents, took an appeal from the final decree. The case, as stated by the Court in its opinion, was as follows: chanroblesvirtualawlibrary

Page 129 U. S. 558





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