Bradshaw v. Miners' Bank

• Decision Date: 10 January 1897
• Docket Number: 338.
• Citation: 77 F. 932
• Parties: BRADSHAW et al. v. MINERS' BANK et al.
• Court: U.S. Court of Appeals — Seventh Circuit

77 F. 932

BRADSHAW et al. v. MINERS' BANK et al.

No. 338.

United States Court of Appeals, Seventh Circuit.

January 10, 1897

Frank A. Johnson, for appellants.

Dwight W. Graves, for appellees.

Before WOODS, JENKINS, and SHOWALTER, Circuit Judges.

WOODS Circuit Judge.

The brief of the appellants has been prepared with notable disregard of the requirements of our rule 24 (11 C.C.A. cx.; 47 F. xi.). The so-called 'statement of the case' is burdened and confused with matter of argument, and, in the order and form required, there is no specification of the error relied upon. See Vider v. O'Brien, 18 U.S.App. 711, 10 C.C.A. 385, and 62 F. 326.

The appeal is from an order dissolving a temporary injunction. The suit was brought by the appellants, Bradshaw and Henry citizens of Illinois, against the Miners' bank, a corporation of Missouri, the Illinois & Missouri Lead & Zinc Company, a corporation of Illinois, and Corwin C. Thompson, a citizen of Illinois, appellees. The substance of the bill, in so far as it need be stated, is that the appellants purchased certain property of the lead and zinc company, for which they executed their promissory notes, in the aggregate amount of $4,050, to the Miners' Bank, which, it is averred, has no interest of its own in the notes, but was made payee at the request and solely for the benefit of the lead and zinc company; that on that guaranty the Miners' Bank had recovered judgment in the court below against Thompson for the full amount of the notes, and upon a creditors' bill in the same court, showing execution upon the judgment returned nulla bona, had procured the appointment of a receiver of Thompson's property; that, by reason of false representations of the character and condition of the property for which the notes were given, the appellants have a legal defense to any action thereon; that, pending the suit upon the guaranty, and after plea of the general issue to the declaration, they informed Thompson and his attorney of the facts constituting their defense, and of the evidence obtainable to establish it, and requested and offered to employ an attorney to represent their interests in the suit and to assist in making the defense; that the offer was declined; that Thompson's attorney neglected to set up the defense by special plea, and, when the cause was reached for trial, neither Thompson nor his attorney appeared in court, and a verdict was taken and the judgment rendered upon which the subsequent proceedings mentioned were had. The concluding averment is that, notwithstanding the negligence of Thompson, through his attorney, in failing to prepare for and make a proper defense, 'your orators feel in equity bound to protect said Thompson from any loss or damage by reason of having made said guaranty in writing in their behalf, and that they are ready and willing to pay to said Illinois & Missouri Lead & Zinc Company, or to said Miners' Bank, as agents for said company, any amount which this court shall, upon the hearing hereof, find to be due,' etc. Upon the filing of this bill the court granted a temporary injunction against further proceedings to enforce the judgment, but, after answer by the Miners' bank sustained a motion to dissolve. The answer, in substance denies personal knowledge of the ownership and value and of the terms and conditions of the sale of the personal property in question, and of the alleged false representations, which on information and belief are denied, and alleges that the sale was...