Hamilton v. Cunningham
U.S. Circuit Court for the District of Eastern Virginia
This was an action on the case, brought by the plaintiffs [Hamilton, Donaldson & Co.], merchants in the city of New York, against Alexander Cunningham, of Peters-burg, Virginia, to recover a large sum of money alleged to have been advanced by the plaintiffs to the defendant.
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This was an action on the case, brought by the plaintiffs [Hamilton, Donaldson & Co.], merchants in the city of New York, against Alexander Cunningham, of Peters-burg, Virginia, to recover a large sum of money alleged to have been advanced by the plaintiffs to the defendant. The following special verdict was rendered by the jury: — “They find that the defendant did assume upon himself, in manner and form, as the plaintiffs have alleged, and they assess the plaintiffs’ damages, by reason of the defendant’s nonperformance of his said assumption, to the sum of $4285 90, with interest thereon…
1Opinion of the Court
MARSHALL, Circuit Justice.
Before I proceed to the point on which this cause appears to me to depend, it may be proper lo notice some incidental questions which have been suggested in its progress, or in the argument on the case agreed.
It was contended by the defendant, at the trial before the jury, that the plaintiffs, by mingling the property of the defendant, with that of others, in a joint note, so as to deprive him of that perfect control over it, which his interest might require, or at least to embarrass the exercise of that control, had so misconducted themselves in then' agency, as to…
2Cases cited2 opinions
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3Cited by12 opinions
- Johnson v. Amarillo Improvement Co.Texas Supreme Court · 1895
- Carroll v. . SweetNew York Court of Appeals · 1891
- Emmons v. AlvordMassachusetts Supreme Judicial Court · 1901
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Kephart v. ButcherSupreme Court of Iowa · 1864
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