Fitzgerald v. First Nat. Bank of Rapid City
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the- United States for the District of Nebraska. On May 26, 1890, John Fitzgerald & Bro. were engaged In constructing a railroad from Custer City to Deadwood, in South Dakota. They constructed a portion of this railroad by means of workmen whom they employed and fed themselves, and other portions by the use of subcontractors,' who agreed with them to construct certain portions of the railroad for certain prices.
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In Error to the Circuit Court of the- United States for the District of Nebraska. On May 26, 1890, John Fitzgerald & Bro. were engaged In constructing a railroad from Custer City to Deadwood, in South Dakota. They constructed a portion of this railroad by means of workmen whom they employed and fed themselves, and other portions by the use of subcontractors,' who agreed with them to construct certain portions of the railroad for certain prices. Schleuning & Young were dealers in beef and other meats in Rapid City, S. D. Fitzgerald & Bro. made a written agreement with Schleun-ing & Young that…
1Opinion of the CourtSanborn, Circuit Judge
The question in this case is whether or not Fitzgerald & Bro. were liable to Schleuning & Young for the meats which the latter furnished to the subcontractors, Chamberlain & Skinner and Wade & Jones, between June I, 1890, and January 1, 1891, under the contract' of May 26, 1890. Chamberlain & Skinner and Wade & Jones held independent contracts with Fitzgerald & Bro. whereby they had agreed to build certain sections of the railroad for specified prices. Schleuning & Young made independent contracts with each of these subcontractors to furnish them meat at a rate lower than that made in their…
2Cases cited19 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Chicago v. SheldonSupreme Court of the United States · 1870
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Topliff v. TopliffSupreme Court of the United States · 1887
- Wiggins v. BurkhamSupreme Court of the United States · 1870
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3Cited by28 opinions
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Pressed Steel Car Co. v. Eastern Ry. Co.Court of Appeals for the Eighth Circuit · 1903
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
23 more not listed; retrieve them via the Exa API.