Birge-Forbes Co. v. Heye
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The case is stated in the opinion. made the following points: The court below should have sustained the motion to abate the suit, and postpone its consideration until the end of the war, the plaintiff being an alien enemy. The principle is illustrated by the discussion in Hanger v. Abbott, 6 Wall. 532; Bishop v. Jones, 28 Texas, 294, 316; Plettenberg, Holthaus & Co. v, Kalrnon & Co., 241 Fed.
Read the full summary
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The case is stated in the opinion. made the following points: The court below should have sustained the motion to abate the suit, and postpone its consideration until the end of the war, the plaintiff being an alien enemy. The principle is illustrated by the discussion in Hanger v. Abbott, 6 Wall. 532; Bishop v. Jones, 28 Texas, 294, 316; Plettenberg, Holthaus & Co. v, Kalrnon & Co., 241 Fed. Rep. 605; Howes v. Chester,. 33 Georgia, 89; and Corpus Juris, 117. In Owens v. Hannay, 9 Cranch, 180, nothing was said of this matter…
1Opinion of the CourtJustice Homes
This is a suit by Heye, a cotton broker in Bremen, against the petitioner, a cotton exporter in Texas, to recover sums that Heye had to pay on its account. The payments were made upon cotton sold by Heye as the petitioner’s agent, to different buyers, for alleged failure of the cotton to correspond to the description upon which the price was based. In pursuance of the contracts and the rules of the Bremen Cotton Exchange the claims of the buyers were submitted to arbitration, which resulted in awards against the plaintiff for a total of 312,749.30 German marks, alleged to be equal to about…
2Cases cited7 opinions
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Hanger v. AbbottSupreme Court of the United States · 1868
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- Watts, Watts & Co. v. Unione Austriaca Di NavigazioneSupreme Court of the United States · 1918
- Birge-Forbes Co. v. HeyeCourt of Appeals for the Fifth Circuit · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Ex Parte KawatoSupreme Court of the United States · 1942
- Techt v. . HughesNew York Court of Appeals · 1920
- American Renaissance Lines, Inc. v. Saxis Steamship Co., and Multifacs International Traders, Inc.Court of Appeals for the Second Circuit · 1974
- Sutherland, Alien Property Custodian v. Mayer Mayer v. Sutherland, Alien Property Custodian Reis v. MayerSupreme Court of the United States · 1926
- Sutherland v. MayerSupreme Court of the United States · 1926
30 more not listed; retrieve them via the Exa API.