Legal Opinion

Minchen v. Hart

Court of Appeals for the Eighth Circuit

Decided January 7, 1896No. 647PublishedCited by 17 opinions

In Error to the Circuit Court of the United States for the Southern District of Iowa. This action was brought in the circuit court of the United States for the Southern district of Iowa, by Hart, Scbaffner & Marx, against W. T. Minchen, to recover $3,447.75, the value of certain goods sold by the plaintiffs to Jonas Nichols upon the following written guaranty of the defendant. “Carroll.

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In Error to the Circuit Court of the United States for the Southern District of Iowa. This action was brought in the circuit court of the United States for the Southern district of Iowa, by Hart, Scbaffner & Marx, against W. T. Minchen, to recover $3,447.75, the value of certain goods sold by the plaintiffs to Jonas Nichols upon the following written guaranty of the defendant. “Carroll. Iowa, August 14, 1893. “Hart, Scbaffner & Marx, Chicago — Gentlemen: I will guaranty the payment of such purchases as Jonas Nichols may make of you in the line of merchandise in [which] you deal for this…

1Opinion of the CourtCaldwell, Circuit Judge

Exceptions were taken to the admission of the testimony of one of the plaintiffs, to the effect that he acknowledged, by letter, the receipt of the defendant’s letter of guaranty, and that he sold Nichols the goods on a credit on the faith of that guaranty. The only objection interposed at the time to the admission of this testimony was the common, if not meaningless, formula, that it was “incompetent, immaterial, and irrelevant.” It was clearly material and relevant, and why it was incompetent was not stated. The exception, therefore, goes for nothing. If a reason had been *295given why it was…

2Cases cited5 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Lehnen v. DicksonSupreme Court of the United States · 1893
  3. Adkins v. SloaneCourt of Appeals for the Eighth Circuit · 1894
  4. Adkins v. W. & J. SloaneCourt of Appeals for the Eighth Circuit · 1894
  5. Town of Ohio v. MarcySupreme Court of the United States · 1873

3Cited by17 opinions

  1. Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
  2. McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
  3. Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899
  4. York v. WashburnCourt of Appeals for the Eighth Circuit · 1904
  5. Shandrew v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Eighth Circuit · 1905

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