Barrow v. Reab
Supreme Court of the United States
This case was brought up, by writ of error, from the Circuit Court of the United States for the District of Louisiana. Reab was a citizen of Connecticut, and Barrow of Louisiana. The facts in the case appeared by the record to be these.
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This case was brought up, by writ of error, from the Circuit Court of the United States for the District of Louisiana. Reab was a citizen of Connecticut, and Barrow of Louisiana. The facts in the case appeared by the record to be these. On the 5th of -February, 1845, Reab purchased, at New Orleans, from J. R. Conner, alleged to be the lawfully authorized agent of Barrow, 35,000 gallons of molasses, at the rate of twelve and a half cents per gallon, to be delivered at Field’s Mills on the Bayou Lafourche; said molasses being represented as the crops of two plantations owned by Barrow, one…
1Opinion of the CourtJustice Woodbury
The plaintiff in error, in his argument, relies on two grounds for reversing the judgment below.
One is, that the judge should have instructed the jury that they must be satisfied, when the demand was made, that a proper terider of the price was also made.
But, on turning to the record, it does not appear that any exception was taken at the trial for any omission of this kind. And it is a well-settled practice, that no exception can be taken here which was not moved below, or which does not appear in some way on the record below; Garland v. Davis, 4 Howard, 131, 143.
Besides this objection to…
2Cases cited5 opinions
- Sullivan v. WilliamsSupreme Court of Louisiana · 1847
- Petrie v. WoffordSupreme Court of Louisiana · 1848
- Palfrey v. StinsonSupreme Court of Louisiana · 1837
- Trimble v. MooreSupreme Court of Louisiana · 1831
- AnonymousNew York Supreme Court · 1806
3Cited by4 opinions
- Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901
- Watson v. Buckhannon River Coal Co.West Virginia Supreme Court · 1923
- Wright Root Beer Company of New Orleans, Incorporated v. Dr. Pepper CompanyCourt of Appeals for the Fifth Circuit · 1969
- Jones v. FosterCourt of Appeals for the Fourth Circuit · 1934