Marshall v. Hubbard
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. Defendant in error, as plaintiff, commenced this suit in a State court of'Wisconsin to recover of plaintiff in error on two promissory notes made by him and payable to defendant in error. The defence pleaded was failure of consideration.
Read the full summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. Defendant in error, as plaintiff, commenced this suit in a State court of'Wisconsin to recover of plaintiff in error on two promissory notes made by him and payable to defendant in error. The defence pleaded was failure of consideration. The State court admitted evidence to show the failure, and the Supreme . Court of Wisconsin, after verdict and judgment, reversed the-latter for misdirection in this respect, 50 Wise. 322, and remanded the cause for a new trial. Plaintiff below then petitioned for removal…
1Opinion of the CourtJustice HarlaN
delivered' the opinion of the court.
■ We concur with the Circuit Court in holding that the alleged false representations of Hubbard to Marshall in reference to the quantity of pine upon the land in question could not have resulted in any injury to the latter, of which he could complain as against the former, unless, at the time the representations w;ere made, it was understood, with Hubbard’s knowledge, that Gillen and Monroe were to surrender their purchase, and that Marshall was to take their place with reference to the land and pine. Undér such ah arrangement, Gillen and Monroe would be…
2Cases cited5 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Pleasants v. FantSupreme Court of the United States · 1875
- Anderson County Commissioners v. BealSupreme Court of the United States · 1885
- Baylis v. Travellers' InsuranceSupreme Court of the United States · 1885
- Montclair v. DanaSupreme Court of the United States · 1883
3Cited by36 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- Rosen v. United StatesSupreme Court of the United States · 1896
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
- United States v. GrannisCourt of Appeals for the Fourth Circuit · 1949
- Moore v. First Nat. Bank of Iowa CitySupreme Court of Oklahoma · 1912
31 more not listed; retrieve them via the Exa API.