Dennehy v. McNulta
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellants filed claims for allowance against the funds in court in the consolidated causes against the Distilling <& Cattle-Feeding Company, of which sufficient description appears in the case of Distilling Co. v. McXulta (decided by this court Jan. 4, 1897) 48 U. S. Ai>p. 578, 23 O. C. A. 415, and 77 Fed. 700. (1) The claims of Dennehy & Oo. were presented by petition in their…
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellants filed claims for allowance against the funds in court in the consolidated causes against the Distilling <& Cattle-Feeding Company, of which sufficient description appears in the case of Distilling Co. v. McXulta (decided by this court Jan. 4, 1897) 48 U. S. Ai>p. 578, 23 O. C. A. 415, and 77 Fed. 700. (1) The claims of Dennehy & Oo. were presented by petition in their name, and consisted of 91 written instruments, called rebate certificates or vouchers, issued by the Distilling &…
1Opinion of the CourtSeaman, District Judge
Passing technical objections to consider this controversy upon the merits, it is manifest that no liability is chargeable against the Distilling & Cattle-Feeding Company, except upon one or the other of the following propositions: (1) That the conditions contained in the vouchers may either be ignored or set aside for illegality, and the promise thus segregated may be enforced without performance of the conditions; or (2) that in the original transactions money was paid to this corporation under circumstances from which the law raises an implied promise of repayment, within the doctrine of…
2Cases cited9 opinions
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Radich v. HutchinsSupreme Court of the United States · 1877
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
- Lonergan v. BufordSupreme Court of the United States · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrison v. Glucose Sugar Refining Co.Court of Appeals for the Seventh Circuit · 1902
- Gilbert v. American Surety Co.Court of Appeals for the Seventh Circuit · 1902
- Camors-McConnell Co. v. McConnellU.S. Circuit Court for the District of Southern Alabama · 1905
- International Harvester Co. of America v. Eaton Circuit JudgeMichigan Supreme Court · 1910
- Dr. Miles Medical Co. v. PlattU.S. Circuit Court for the Northern District of Illnois · 1906
8 more not listed; retrieve them via the Exa API.