United States Circuit Courts of Appeals Reports (Volume 63); With Key-Number Annotations V. 1-171 [1891-1919]. (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1904 Excerpt: ... fined by the bankrupt act, the term "creditor" includes any one who owns a demand or claim provable in bankruptcy, and the term "debt" includes any debt, demand, or claim provable in bankruptcy. It not appearing that at the time of the respondent's conveyance there were any other creditors than those to whom he conveyed, and it appearing expressly that the petitioner was not a creditor of respondent at that time, we conclude that the demurrer to the petition was well taken on the first and second grounds. Beers v. Hanlin (D. C.) 99 Fed. 695; In re Brinckmann (D. C.) 103 Fed. 65. As this disposes of the case, it is unnecessary to notice the other grounds. The petition for revision is dismissed. (12U "ed. 203.) CARET v. BILBT et al. (two cases). (Circuit Court of Appeals, Eighth Circuit. March 7, 1904.) Nob. 1,929, 1,930. 1. Torts--Joint Tort Feasor--Release Of One--Construction--Effect. Plaintiff, claiming a right of action for damages against C. and H. Jointly for alleged fraudulent misrepresentations in the sale of cattle, accepted a certain amount of money from H., and executed a release discharging him from any and all liability by reason of such misrepresentations, and agreeing to indemnify him from being compelled to pay any further sum by reason thereof. The release, however, expressly provided that plaintiff did not relinquish or release any action or cause of action against C. by reason of the premises, but reserved his right to sue Q, or the firm of C. Bros, on such cause of action. Held, that such instrument should not be treated as a technical release terminating plaintiff's cause of action against all the joint tort feasors, but as a covenant not to sue H., and was therefore no defense to an action against C. In Error to the Circuit Court of the...