Shippen v. Bowen
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED' STATES FOR THE DISTRICT OF COLORADO. This writ of error brought up for review a judgment of the Circuit Court of the United States for the District of Colorado, in an action brought by the plaintiff in error to recover damages for the delivery to him of certain sheets of written and printed paper, purporting to be the valid and genuine, bonds, with interest coupons attached, of the county of Clark, in the state of Arkansas, issued…
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ERROR TO THE CIRCUIT COURT OF THE UNITED' STATES FOR THE DISTRICT OF COLORADO. This writ of error brought up for review a judgment of the Circuit Court of the United States for the District of Colorado, in an action brought by the plaintiff in error to recover damages for the delivery to him of certain sheets of written and printed paper, purporting to be the valid and genuine, bonds, with interest coupons attached, of the county of Clark, in the state of Arkansas, issued under and in accordance with the provisions of an act of the General Assembly of that state, approved April 29, 1873,…
1Opinion of the CourtJustice Haelan
¥e are of opinion that it was eri’or to instruct the jury that the plaintiff eould not recover, in the present action, unless he established the scienter upon the part of the defendant. The original complaint — though, perhaps, not in the most concise . language — made a case in tort for the breach of an express-warranty in the sale of the bonds. The bill of exceptions states that the evidence in behalf of the plaintiff tended to show that, although the defendant knew or had reason to suspect, when the bonds were sold, that they were not genuine and valid, he “ expressly affirmed their…
2Cases cited4 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Chapman v. MurchNew York Supreme Court · 1822
- Cook v. MoseleyNew York Supreme Court · 1835
3Cited by61 opinions
- Mary Pickford Co. v. Bayly Bros., Inc.California Supreme Court · 1939
- Strika v. Netherlands Ministry of Traffic, Directorate General of ShippingCourt of Appeals for the Second Circuit · 1950
- Camino Real Mobile Home Park Partnership v. WolfeNew Mexico Supreme Court · 1995
- Titus v. . PooleNew York Court of Appeals · 1895
- Schuler v. Union News Co.Massachusetts Supreme Judicial Court · 1936
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