Allen v. Killinger
Supreme Court of the United States
Error to the Circuit Court for the Northern District of Illinois. The case was this: There were two firms of both which a certain B. F. Murphy was a member; the one was at Des Moines, and consisted of this B. F. Murphy and a certain Allen. This firm was under the title of Murphy & Allen. The other was at Chicago, and consisted of this same B. F. -Murphy and one Miles Murphy.
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Error to the Circuit Court for the Northern District of Illinois. The case was this: There were two firms of both which a certain B. F. Murphy was a member; the one was at Des Moines, and consisted of this B. F. Murphy and a certain Allen. This firm was under the title of Murphy & Allen. The other was at Chicago, and consisted of this same B. F. -Murphy and one Miles Murphy. This firm was under the title of Miles Murphy & Co. The former was engaged in the business of packing pork ; the latter in that of buying and selling the “ hog product” on commission. In this state of things, one…
1Opinion of the CourtJustice Miller
We are of opinión that the court erred in admitting, against the objection of the defendants, the conversation *486between Miles Murphy and the plaintiff, in which the plaintiff gives his version of his contract with defendant, Allen:
The plaintiff Nil linger had an opportunity to give his version of the contract made by Allen with him on behalf of Murphy & Allen, and he did so under oath, and subject to cross-examination. Miles Murphy was the plaintiff’s witness, and under oath testified to what he knew. But in the examination of Miles Murphy by the plaintiff’s counsel he was asked to detail a…
2Cited by5 opinions
- Boyd v. SchneiderCourt of Appeals for the Seventh Circuit · 1904
- Evatt v. HudsonSupreme Court of Arkansas · 1911
- Hale v. AllinsonU.S. Circuit Court for the District of Eastern Pennsylvania · 1900
- General Finance, Inc. v. StratfordCourt of Appeals for the D.C. Circuit · 1940
- Allen v. KillingerSupreme Court of the United States · 1869