Chicago, Milwaukee & St. Paul Railway Co. v. Clark
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Heman Clark constructed some two hundred miles of railroad in the States of Iowa and Missouri,.for the Chicago, Milwaukee and St. Paul Bailway Company, under a written contract dated March 6, 1886, which is set forth in the findings hereafter referred to. During the period of construction the company paid Clark large sums of money on account.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Heman Clark constructed some two hundred miles of railroad in the States of Iowa and Missouri,.for the Chicago, Milwaukee and St. Paul Bailway Company, under a written contract dated March 6, 1886, which is set forth in the findings hereafter referred to. During the period of construction the company paid Clark large sums of money on account. After the road was completed the Chief Engineer of the company, as was his duty under the contract, certified to the total amount that Clark had earned under the contract. This amount was…
1Opinion of the CourtChief Justice Fuller
The record shows that the cause came on before the District Judge, holding the Circuit Court, for trial, “ without a jury, and a trial by jury having been expressly waived by the written consent of the parties duly filed; ” that a referee was appointed by written consent in accordance with the modes of procedure in such cases in the courts of record of New York, and with the rules of the Circuit Court; and that his findings, rulings and decisions were mad.e those of the court. Under these circumstances the question whether the judgment rendered was warranted by the facts found was open for…
2Cases cited21 opinions
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- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
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- Jaffray v. . DavisNew York Court of Appeals · 1891
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