27 F. 176 | U.S. Circuit Court for the District of Eastern Missouri | 1886
(orally.) In the case of Dewitt C. Blair v. Josiah Fogg a petition for rehearing was argued the other day, counsel claiming that there were two of three matters which the court did not consider—which, indeed, were not suggested to the court—and which justified a different conclusion. Mr. Fogg had, away back in 1870, a good claim against the St. Louis & Keokuk Railroad. That-company, organized under a special charter, and having done some work, transferred all its property to the St. Louis, Hannibal & Keokuk Railroad, a company organized under the General Statutes. In the instrument making the transfer, there was a stipulation that the new company should assume and pay debts to the amount of |19,-000, which it is conceded covered the claim of Mr. Fogg. That in
The other proposition of counsel is that, by the equity rules of pleading, Mr. Fogg was entitled to a decree. He claims that Mr. Blair in his answer only denied notice, and that that was not sufficient. When ho claimed to be an innocent purchaser for value, without notice, he should have stated in his answer the mortgage, its date, the purpose, the contents, and the consideration paid; thattheconsider