Walker v. Kremer

U.S. Circuit Court for the District of Eastern Pennsylvania

Walker v. Kremer

29 F. Cas. 35, 5 Reporter, 389, 1878 U.S. App. LEXIS 2080

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedJanuary 5, 1878

StatusPublished

This text of 29 F. Cas. 35 (Walker v. Kremer) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walker v. Kremer, 29 F. Cas. 35, 5 Reporter, 389, 1878 U.S. App. LEXIS 2080 (circtedpa 1878).

Pincite

Opinion

McKENNAN, Circuit Judge.

The case is a very doubtful one, and my opinion has wavered during the argument. The Pennsylvania cases cited by Mr. Biddle certainly seem to establish his proposition, but it may be doubted whether they are not in conflict with the decision of the supreme court of the United States in Armstrong v. Toler, supra. O11 the whole, I am inclined to direct the defendant to account.

CADWALADER, District Judge.

I am inclined to agree with Mr. Ferriere’s argument, and if he wishes to take the case further, would (as the amount is less than $5,000) certify to a difference of opinion. The principle is extremely important, and it may be questioned whether C. J. Gibson has not abandoned the rule in his statement of the corollaries to be drawn from it.

Afterwards (January 8, 1S7S) the court entered a decree for an account, CADWALADER, District Judge, saying, that on further consideration he concurrred with McKENNAN, Circuit Judge, as to defendant’s liability to account.

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McKENNAN, Circuit Judge.

The case is a very doubtful one, and my opinion has wavered during the argument. The Pennsylvania cases cited by Mr. Biddle certainly seem to establish his proposition, but it may be doubted whether they are not in conflict with the decision of the supreme court of the United States in Armstrong v. Toler, supra. O11 the whole, I am inclined to direct the defendant to account.

CADWALADER, District Judge.

I am inclined to agree with Mr. Ferriere’s argument, and if he wishes to take the case further, would (as the amount is less than $5,000) certify to a difference of opinion. The principle is extremely important, and it may be questioned whether C. J. Gibson has not abandoned the rule in his statement of the corollaries to be drawn from it.

Afterwards (January 8, 1S7S) the court entered a decree for an account, CADWALADER, District Judge, saying, that on further consideration he concurrred with McKENNAN, Circuit Judge, as to defendant’s liability to account.

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Bluebook (online)

29 F. Cas. 35, 5 Reporter, 389, 1878 U.S. App. LEXIS 2080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-kremer-circtedpa-1878.