Runkle v. Burnham
Supreme Court of the United States
ERROR'TO THE CIROUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. The defendant here, who was plaintiff below, brought an action of assumpsit against Daniel Bunlde to recover the sum of $19,087.36, with interest at the rate of nine per cent from the 4th of August, 1884, to the time of entering suit. After issue joined the case was by stipulation submitted to the court without the intervention of- a jury.
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ERROR'TO THE CIROUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. The defendant here, who was plaintiff below, brought an action of assumpsit against Daniel Bunlde to recover the sum of $19,087.36, with interest at the rate of nine per cent from the 4th of August, 1884, to the time of entering suit. After issue joined the case was by stipulation submitted to the court without the intervention of- a jury. The contract in issue purported to have been “subscribed” by one Mestre as “ attorney in fact of the defendant.” At the close of the plaintiff’s case, the defendant moved for…
1Opinion of the Court
Me. Justice White, after stating the case, delivered the opinion of the court.
1. JBy not resting on his motion for a non-suit, and by thereafter offering his own evidence, the defendant waived his motion, and the overruling thereof cannot be assigned for error here. Union Pacific Railway v. Daniels, 152 U. S. 684, and authorities there cited.
2. The exceptions taken during the progress of the trial are numerous. We will content ourselves with examining the merits of, those which have been specifically assigned as error.
The plaintiff offered in evidence an account, growing out of the purchase…
2Cases cited7 opinions
- Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
- St. Louis v. RutzSupreme Court of the United States · 1891
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Clifton v. United StatesSupreme Court of the United States · 1846
- Mining Co. v. TaylorSupreme Court of the United States · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- United States Ex Rel. Bilokumsky v. TodSupreme Court of the United States · 1923
- Walker v. BrownSupreme Court of the United States · 1897
- Beuttell v. MagoneSupreme Court of the United States · 1895
99 more not listed; retrieve them via the Exa API.