Halliday v. Hamilton
Supreme Court of the United States
Error to the Circuit Court for the Southern District of Illinois; the case being- thus: In 1867 Sherwood, Karns & Co., commission merchants of St. Louis, had a standing agreement with Hamilton & Dunnica, of New Orleans, to ship produce to them, and to draw drafts on the shipments, which they were to accept and pay. In case the proceeds of any shipment left a balance due to Hamilton & Dunnica, they were to apply the surplus of any other shipment in payment of it.
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Error to the Circuit Court for the Southern District of Illinois; the case being- thus: In 1867 Sherwood, Karns & Co., commission merchants of St. Louis, had a standing agreement with Hamilton & Dunnica, of New Orleans, to ship produce to them, and to draw drafts on the shipments, which they were to accept and pay. In case the proceeds of any shipment left a balance due to Hamilton & Dunnica, they were to apply the surplus of any other shipment in payment of it. At this time Cole Brothers were the correspondents in St. Louis of Hamilton & Dunnica, and were advertised to make advances-on…
1Opinion of the CourtJustice Davis
There, is no difficulty, on principle and authority, in determining the rights of the parties to this controversy. On the conceded facts of this case there can be no question that the legal title to the 1250 sacks of corn passed to Hamilton & Dunnica before the levy of the attachment by Halliday Brothers, and if so, the judgment of the Circuit Court must be affirmed.
It is not necessary to discuss the general doetriue relat ing to the lien of a factor, because it has no application here. If this were the case of a mere agreement to ship produce in satisfaction of antecedent advances, which…
2Cited by18 opinions
- The "Idaho."Supreme Court of the United States · 1877
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Willfong v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1902
- Adoue & Lobit v. H. Seeligson & Co.Texas Supreme Court · 1881
- Pullman's Palace Car Co. v. Metropolitan Street Railway Co.Supreme Court of the United States · 1895
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