Legal Opinion

Worthington v. Beeman

Court of Appeals for the Seventh Circuit

Decided January 3, 1899No. 496PublishedCited by 20 opinions

In Error to the Circuit Court of the United States for the Northern District of Illinois, Northern Division. This action was brought by Edward E. Worthington, the plaintiff in error, against E. E. Beeman, the defendant in error, and others not served with process, who, it is alleged, had been partners in business at Cleveland, Ohio, under the firm name Beeman Chemical Company, in the manufacture and sale of pepsin gum, and on November 18, 1890, had made to the plaintiff in…

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In Error to the Circuit Court of the United States for the Northern District of Illinois, Northern Division. This action was brought by Edward E. Worthington, the plaintiff in error, against E. E. Beeman, the defendant in error, and others not served with process, who, it is alleged, had been partners in business at Cleveland, Ohio, under the firm name Beeman Chemical Company, in the manufacture and sale of pepsin gum, and on November 18, 1890, had made to the plaintiff in error a written proposition, which he accepted, to give him the exclusive sale of their products in Chicago, on…

1Opinion of the CourtWoods, Circuit Judge

It is urged in behalf of the defendant in error that a judgment at law is an entirely, and therefore a release or satisfaction of record extinguishes every cause of action embraced within it. No case showing an applies tion of the doctrine has been cited. Evidently it is not applicable here. When there are two or more counts in a declaration. alleging distinctly different causes of action, it is apparent that there may be, if the court so pleases, and in conceivable cases perhaps inevitably, more than one final judgment on which a writ of error may be taken. When in fact such distinct…

2Cases cited3 opinions

  1. Joy v. St. LouisSupreme Court of the United States · 1891
  2. Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
  3. Daggett & Graves v. JohnsonSupreme Court of Vermont · 1877

3Cited by20 opinions

  1. Luther v. United StatesCourt of Appeals for the Tenth Circuit · 1954
  2. Weed v. Lyons Petroleum Co.District Court, D. Delaware · 1923
  3. MacHen v. Budd Wheel Co.Supreme Court of Pennsylvania · 1928
  4. Raisler Sprinkler Co. v. Automatic Sprinkler Co. of AmericaSuperior Court of Delaware · 1934
  5. Pugh v. GressettMississippi Supreme Court · 1924

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