E. H. Taylor, Jr., & Sons v. Julius Levin Co.
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Suit in Equity by E- H. Taylor, Jr., & Sons, a corporation, against the Julius Levin Company. From the decree, both parties appeal. In 1911, E. H. Taylor, Jr., & Sons, a Kentucky corporation, was a distiller of the brand of whisky known as “Old Taylor.” The Julius Levin Company, a California corporation, was a wholesaler of whiskies in the Pacific Coast territory.
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Appeals from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Suit in Equity by E- H. Taylor, Jr., & Sons, a corporation, against the Julius Levin Company. From the decree, both parties appeal. In 1911, E. H. Taylor, Jr., & Sons, a Kentucky corporation, was a distiller of the brand of whisky known as “Old Taylor.” The Julius Levin Company, a California corporation, was a wholesaler of whiskies in the Pacific Coast territory. The parties are hereinafter spoken of respectively as Taylor and Levin, and as if individuals. In January, 1911, the two…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] From the beginning of the controversy, Taylor contended that the contract with Levin was substantially one of agency, while Levin has insisted that the relations between thém were those of vendor and vendee. It seems to have been thought that one or the other label must be applied, and that, when the contract had been thus classified, the legal rules applicable to the rejected theory would be eliminated from any application. We do not thus view the situation. We are content, so far as concerns the title to the whisky for which notes had been given, to…
2Cases cited11 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.Supreme Court of the United States · 1919
- Allis v. McLeanMichigan Supreme Court · 1882
- ECKINGTON AND SOLDIERS' HOME RAILWAY CO. v. McDEVITTSupreme Court of the United States · 1903
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- Baumer v. Franklin County Distilling Co.Court of Appeals for the Sixth Circuit · 1943
- Coates v. Eastern States Farmers ExchangeSupreme Court of Vermont · 1925
- Baumer v. Franklin County Distilling Co.District Court, E.D. Kentucky · 1942
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