Cook v. Fidelity & Deposit Co. of Maryland
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Southern Division of the District of Idaho. This was an action upon a replevin bond executed by the defendant in error to the plaintiff in error, who was plaintiff below.
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In Error to the Circuit Court of the United States for the Southern Division of the District of Idaho. This was an action upon a replevin bond executed by the defendant in error to the plaintiff in error, who was plaintiff below. The complaint alleges that on the 28th day of August, 1905, the Uinta Hereford Cattle Company filed in the court below an action against Cook to recover the possession of certain sheep, horses, and other personal property, alleged to be of the value of $30,000; that in that action one McLaughlin, for and in behalf and by authority of the cattle company, executed his…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). Even if it be conceded that by the agreement of August 15, 1905, the title to the personal property thereby embraced did not pass to the cattle company (see Arkansas Cattle Co. v. Mann, 130 U. S. 69, 76, 77, 78, 9 Sup. Ct. 458, 32 L. Ed. 854), still it cannot be doubted that by the subsequent agreements between the parties, and by the subsequent delivery of the property by Cook’s direction to the cattle company, title thereto did pass to it. And even if it should be conceded that in this action at law the plaintiff in error was entitled to show, if he…
2Cases cited4 opinions
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Pacific Mut. Life Ins. v. WebbCourt of Appeals for the Eighth Circuit · 1907
- Kelly v. FahrneyCourt of Appeals for the Eighth Circuit · 1899
3Cited by9 opinions
- Columbia Digger Co. v. RectorDistrict Court, W.D. Washington · 1914
- Kentucky Central Life & Accident Insurance v. BurrsCourt of Appeals of Kentucky (pre-1976) · 1934
- Johnson v. Chicago, M. & St. P. Ry. Co.District Court, W.D. Washington · 1915
- Patterson v. Cincinnati, N. O. & T. P. Ry. Co.District Court, E.D. Kentucky · 1932
- Standard Portland Cement Corp. v. EvansCourt of Appeals for the Ninth Circuit · 1913
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