Salmon Falls Mfg. Co. v. Midland Tire & Rubber Co.
Court of Appeals for the Sixth Circuit
La Error to the District Court of the United States for the Southern District of Ohio; John E. Sater, Judge. Action at law by the Midland Tire & Rubber Company against the Salmon Falls Manufacturing Company, begun in the state court, by which funds of the'defendant within the state were attached.
Read the full summary
La Error to the District Court of the United States for the Southern District of Ohio; John E. Sater, Judge. Action at law by the Midland Tire & Rubber Company against the Salmon Falls Manufacturing Company, begun in the state court, by which funds of the'defendant within the state were attached. Judgment for the plaintiff, after removal to the federal court, for the full amount of its damages, notwithstanding defendant’s motion to limit recovery to the value of the property attached, and defendant brings error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Defendant in error (plaintiff below) is an Ohio corporation, doing business at Coshocton, Ohio. Plaintiff in error (whom we shall call defendant) is a Massachusetts corporation, doing business at Salmon Falls, N. H. Plaintiff sued defendant in a state court of Ohio for failure to deliver 64,000 pounds of building fabric, the remainder of an amount contracted to be delivered by defendant to plaintiff between June and November, 1919, at 73 cents per pound. Defendant not being a resident of Ohio, and presumably not' constructively within that state, no service of process…
2Cases cited17 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Holmgren v. United StatesSupreme Court of the United States · 1910
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
12 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
- Morton Butler Timber Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1937
- Minichiello v. RosenbergCourt of Appeals for the Second Circuit · 1968
- Anderson v. BensonDistrict Court, D. Nebraska · 1953
- United States v. BalanovskiCourt of Appeals for the Second Circuit · 1956
25 more not listed; retrieve them via the Exa API.