Easton v. George Wostenholm & Son, Ltd.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. This is an action brought by the defendant in error, as plaintiff, for an alleged indebtedness of £3,747 3s. 7d., English money, or its equivalent, $18,-173.82 in gold coin, with interest thereon at the rate of 5 per cent. p„er annum from December 21, 1898, against the firm of Schwartz, Lowe & Co., a copartnership organized in 1894 at San Francisco, Cal., composed of the plaintiff in…
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In Error to the Circuit Court of the United States for the Northern District of California. This is an action brought by the defendant in error, as plaintiff, for an alleged indebtedness of £3,747 3s. 7d., English money, or its equivalent, $18,-173.82 in gold coin, with interest thereon at the rate of 5 per cent. p„er annum from December 21, 1898, against the firm of Schwartz, Lowe & Co., a copartnership organized in 1894 at San Francisco, Cal., composed of the plaintiff in error, L. Leon Lowe, William Schwartz, Samuel Schwartz, and David Speyer. In 1895 Speyer’s interest in the copartnership…
1Opinion of the CourtHawley, District Judge
The questions presented for our consideration are of a legal character, and arise upon exceptions taken to the charge of the court. The points raised by the assignments of error and discussed by the respective counsel are numerous, but some of them are dependent upon the views that may be taken by the court as to the others. The specific assignments of error may therefore be materially reduced.
There is no real controversy as to the facts, but there is a wide diversity of opinion between the respective counsel as'to the principles of law applicable thereto. The case is somewhat complicated,…
2Cases cited27 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Bibb v. AllenSupreme Court of the United States · 1893
- Andrews v. PondSupreme Court of the United States · 1839
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
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3Cited by3 opinions
- Tuckerman v. MearnsCourt of Appeals for the D.C. Circuit · 1919
- First National Bank v. DoedenSouth Dakota Supreme Court · 1907
- Mearns v. ChatardCourt of Appeals for the D.C. Circuit · 1918