ILLINOIS EX REL. BACHALDER
v.
RAGEN, WARDEN

U.S. | 1944-01-31
No. 507
321 U.S. 767 Supreme Court of the United States (1944) Positive Treatment
Cited by 2 cases

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  • The Louisville Tr. Co. v. Smith, 330 F.2d 483 (6th Cir. 1964)
    …strators and other parties, referred to in the record as “the recession suit.” This case was decided adversely to the widow by the Court of Appeals of Kentucky on June 19, 1942. O’Brien v. O’Brien, et al., 294 Ky. 793, 172 S.W. 2d 595, cert. denied, 321 U.S. 767, 64 S.Ct. 518, 88 L.Ed. 1063, rehearing denied, 322 U.S. 769. We agree with the District Judge that the claims of fraud asserted by the widow in her counterclaim in the instant case were adjudicated by the Kentucky courts in O’Brien v. O’Brien et al…
  • Walter v. Holiday Inns, Inc., 985 F.2d 1232 (3d Cir. 1993)
    …“Although the motives of the [selling partners] may have been bad and their intention evil, if in fact their agents made a full and true disclosure[,] the case must be determined by what they did and not by what they intended to do.”), cert. denied, 321 U.S. 767, 64 S.Ct. 518, 88 L.Ed. 1063 (1944). Because we have concluded that plaintiffs were informed of or had access to all pertinent information concerning the partnership’s affairs, plaintiffs’ assertions concerning Holiday’s intent, even if true, could…

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