Scott v. Kelly
Supreme Court of the United States
Error to tbe Supreme Court of New York; the case being thus: In July, 1867, three persons, Shawhan, Mendall, and Palmer, of St. Louis, advertised themselves as copartners, under the firm name of Shawhan & Co., and in the September following purchased in that city, under the name of Shawhan & Co., a quantity of flour of one Stanard, and got possession of it without paying for it.
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Error to tbe Supreme Court of New York; the case being thus: In July, 1867, three persons, Shawhan, Mendall, and Palmer, of St. Louis, advertised themselves as copartners, under the firm name of Shawhan & Co., and in the September following purchased in that city, under the name of Shawhan & Co., a quantity of flour of one Stanard, and got possession of it without paying for it. “ Shawhan & Co.” immediately failed; having shipped the flour to agents of theirs in New York, to be sold under the fictitious name and for the account of E. C. Packard & Co. Stanard thereupon, on the 2d of October,…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The writ of error in this case is dismissed for want of jurisdiction.
The assignee in bankruptcy voluntarily submitted himself and his rights to the jurisdiction of the State court. Being summoned he appeared, without objection, and presented his claim for adjudication by that court. No effort was made to remove the litigation to the courts of the United States. It is now too late to object to the power of the State court to act in the premises and render judgment. ‡
The question presented for the decision of the State court was not whether,…
2Cited by6 opinions
- Winchester v. HeiskellSupreme Court of the United States · 1886
- Mar-Tex Realization Corporation v. WolfsonCourt of Appeals for the Second Circuit · 1944
- Sears v. WiseAppellate Division of the Supreme Court of the State of New York · 1900
- Winchester, Trustee, and Others v. Heiskell and OthersSupreme Court of the United States · 1886
- Cramer v. WilsonSupreme Court of the United States · 1904
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