Legal Opinion

Bryant v. Swofford Bros. Dry Goods Co.

Supreme Court of the United States

Decided May 24, 1909No. 172PublishedCited by 86 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The record in this appeal, transmitted to this.court from the Circuit Court of Appeals, contains-the following findings of fact and conclusions of law: “1. On July 20,1904, Ernest M. Newton and John F. Newton, partners as E. M. Newton & Co., merchants at wholesale and retail in Arkansas, and Swofford Bros.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The record in this appeal, transmitted to this.court from the Circuit Court of Appeals, contains-the following findings of fact and conclusions of law: “1. On July 20,1904, Ernest M. Newton and John F. Newton, partners as E. M. Newton & Co., merchants at wholesale and retail in Arkansas, and Swofford Bros. Dry Goods Co., a corporation, of Kansas City, Missouri, engaged in the wholesale dry goods business, entered into a written contract as follows: “ 'Know all men by these'presents: That Mr. E. M. Newton & Co., of New…

1Opinion of the CourtJustice Moody

The • merchandise which was delivered by Swofford Bros. Dry Goods Co. to E. M. Newton & Co. was delivered under the terms of a written contract. That contract provided that the title to the goods until their sale; and to the proceeds derived from their sale, whether in the form of cash, notes or book accounts, should be and remain in the Dry Goods Company. The contract gave the Newtons the right to sell the goods in the ordinary course of business, but, as has been said, provided that the proceeds of the sale, in .whatever form they existed, should be the property of the Dry Goods Company.…

2Cases cited5 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Thompson v. FairbanksSupreme Court of the United States · 1905
  3. William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
  4. Harkness v. RussellSupreme Court of the United States · 1886
  5. Humphrey v. TatmanSupreme Court of the United States · 1905

3Cited by86 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  3. In Re Madeline Marie Nursing Homes. State of OhioCourt of Appeals for the Sixth Circuit · 1982
  4. Burroughs Adding MacH. Co. v. BogdonCourt of Appeals for the Eighth Circuit · 1925
  5. Taney v. Penn National Bank of ReadingSupreme Court of the United States · 1914

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