Legal Opinion

Commercial Publishing Co. v. Beckwith

Supreme Court of the United States

Decided February 23, 1903No. 132PublishedCited by 2 opinions

ERROR TO THE supreme COURT OF THE STATE OF NEW YORK. A Tennessee corporation, styled the Commercial Publishing Company, brought this action in a court of the State of New York to recover from Samuel C. Beckwith a sum of money which, it was averred, belonged to the publishing company.

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ERROR TO THE supreme COURT OF THE STATE OF NEW YORK. A Tennessee corporation, styled the Commercial Publishing Company, brought this action in a court of the State of New York to recover from Samuel C. Beckwith a sum of money which, it was averred, belonged to the publishing company. It was alleged in the complaint that the right was derived from one Crawford, who, it was averred, became the owner of certain newspaper advertising accounts, on which payments had been made to Beckwith, the aggregate thereof constituting the amount sued for. The manner in which Crawford was asserted to have…

1Opinion of the CourtJustice White

As in the complaint the plaintiff in error unquestionably set up a right to recover as the result of a judicial sale made under decrees, both of courts of the II nited States and of a State, Federal questions exist in the record, and the motion which has been made to dismiss is therefore denied.

Coming to the merits, the questions for decision are whether due effect was given by the Court of Appeals of New York to the decrees in question. Jacobs v. Marks, 182 U. S. 583, 587.

Two questions were considered by the state court in its opinion, viz.: 1, the meaning and effect of the contract entered…

2Cases cited1 opinion

  1. Jacobs v. MarksSupreme Court of the United States · 1901

3Cited by2 opinions

  1. Kansas City Southern Railway Co. v. Guardian Trust Co.Supreme Court of the United States · 1916
  2. American Fidelity Fire Insurance v. Paste-Ups Unlimited, Inc.District Court, S.D. New York · 1974

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