HARRY MICHELSOHN

v.

CHARLES F. DITTMAR, AS TRUSTEE, ETC.

Citator

Cited By

• Barnett v. Kunkel, 264 U.S. 16 (U.S. 1924)
  …ng, the decree was again for the complainant, and on the second appeal, the decree of the District Court was affirmed. 283 Fed. 24. A petition for certiorari was filed and submitted to this Court, October 23, 1922, and was denied November 13, 1922. 260 U. S. 738. No question of our jurisdiction to hear this appeal is raised by the appellees. That, however, does not relieve us from the duty of inquiring into it. The jurisdiction of the District Court was invoked on the ground of diverse citizenship of the p…
• Milton E. Sahn in Bankr. of Murray Packing Co., Inc. v. Pagano, 302 F.2d 629 (2d Cir. 1962)
  …that testimony would incriminate him cannot be transformed into a plausible assertion of innocence in the acquisition of the monies or an adequate denial of continued possession of them, Dittmar v. Michelson, 281 F. 116, 117 (3 Cir.), cert. denied, 260 U.S. 738, 43 S.Ct. 95, 67 L.Ed. 489 (1922). Pagano’s story was quite as pallid as that held to lack sufficient “color” in In re Weinreb, 146 F. 243 (2 Cir.), cert. denied, 203 U.S. 588, 27 S.Ct. 776, 51 L.Ed. 329 (1906); it fits Judge Augustus N. Hand’s ph…
• Fid. & Deposit Co. of Md. v. McQUADE, 123 F.2d 337 (D.C. Cir. 1941)
  …ent private rights, it has been held that the mistake partakes of the nature of a mistake of fact. Marshall v. Lane, 27 App.D.C. 276; Peter v. Peter, 343 Ill. 493, 175 N.E. 846, 75 A.L.R. 890; Barnett v. Kunkle, 8 Cir., 256 F. 644, certiorari denied 260 U.S. 738, 43 S.Ct. 97, 67 L.Ed. 489; Barnett v. Prairie Oil & Gas Co., 275 U.S. 563, 48 S.Ct. 121, 72 L.Ed. 428; 2 Pomeroy, Eq.Jur. (4th Ed.) § 849. Third. Appellant’s point that appellee acquired the property without consideration is not sustained by the e…