Legal Opinion

Schwarz v. Harris

District Court, D. Oregon

Decided July 28, 1913No. 3,095PublishedCited by 2 opinions

In Equity. Action by Moritz Schwarz and others, doing business as Benjamin Schwarz & Sons against Joseph Harris, as administrator de bonis non of tlie estate of John Kennedy, deceased.

1Opinion of the Court

WORVERTON, District Judge.

The facts out of which this litigation springs are sufficiently stated in an opinion heretofore rendered in the same cause. See (C. C.) 156 Eed. 316.

[ 1 ] It is clear that, had plaintiffs received the hops from the Chinar men, they would have become indebted to the Chinamen for the purchase price thereof. There is a dispute whether the hops were delivered to the plaintiffs before Kennedy took them. But let us assume that they were not so delivered. Plaintiffs have recovered judgment against Kennedy for their value, and, the action being in trover, the judgment is…

2Cases cited5 opinions

  1. North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
  2. Security Trust Co. v. Black River National BankSupreme Court of the United States · 1902
  3. Newberry v. WilkinsonCourt of Appeals for the Ninth Circuit · 1912
  4. Central Appalachian Co. v. BuchananCourt of Appeals for the Sixth Circuit · 1898
  5. Brown v. PegramU.S. Circuit Court for the District of Eastern Pennsylvania · 1906

3Cited by2 opinions

  1. Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
  2. Strong v. GordonMissouri Court of Appeals · 1920

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