Merchants Heat & Light Co. v. J. B. Clow & Sons
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The facts are stated in the opinion. While Schott was buying material to be used in' the con,-struction of defendant's plant, which was purely local, at Indianapolis, and while he was using the credit of the company in making such purchases, yet he was, in fact, an independent contractor, and as between him and the plaintiff the company was his surety only.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The facts are stated in the opinion. While Schott was buying material to be used in' the con,-struction of defendant's plant, which was purely local, at Indianapolis, and while he was using the credit of the company in making such purchases, yet he was, in fact, an independent contractor, and as between him and the plaintiff the company was his surety only. The mere purchasing of materials or other work he is found to have been doing in this matter in Chicago was not doing business for defendant in…
1Opinion of the CourtJustice Holmes
delivered- the opinion of the court.
This case comes up on the single question of the jurisdiction of the Circuit Court, which was saved by bill of exceptions and stipulation, and which is certified to this court. The defendant in error, the original plaintiff, and hereafter called plaintiff, is an Illinois corporation; the plaintiff in error is a purely local Indiana corporation, organized for the furnishing of heat, light and power in Indianapolis. The questions aré whether the service of the writ was good, Board of Trade v. Hammond Elevator Co., 198 U. S. 424, 435, of, if -not, whether the.…
2Cases cited6 opinions
- De Lima v. BidwellSupreme Court of the United States · 1901
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Harkness v. HydeSupreme Court of the United States · 1879
- Board of Trade v. Hammond Elevator Co.Supreme Court of the United States · 1905
- Fisher v. ShropshireSupreme Court of the United States · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by152 opinions
- Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
- Alexander v. HillmanSupreme Court of the United States · 1935
- American Mills Co. v. American Surety Co.Supreme Court of the United States · 1922
- David Neifeld v. Meyer Steinberg. David Neifeld v. Meyer SteinbergCourt of Appeals for the Third Circuit · 1971
- Spectacor Management Group v. Matthew G. BrownCourt of Appeals for the Third Circuit · 1997
147 more not listed; retrieve them via the Exa API.