Standard Portland Cement Corp. v. Evans
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Action by Ernest E. Evans and others, doing business as Evans, Coieman & Evans, against the Standard Portland Cement Corporation. Judgment for plaintiffs, and defendant brings error.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Action by Ernest E. Evans and others, doing business as Evans, Coieman & Evans, against the Standard Portland Cement Corporation. Judgment for plaintiffs, and defendant brings error. The defendants in error brought an action to recover upon four promissory notes, aggregating $39,000, executed by the plaintiff in error and indorsed by W. J. Dingee and Irving -A. Bachman. The notes were dated May 1, 1908, and were due one year from date. One was…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The assignments of error on which the plaintiff in error relies all present in varying forms the question whether the referee and the court below erred in holding the affirmative defense of the plaintiff in error not cognizable in the action at law. The decision of that question depends upon the nature of the allegations contained in that defense. The following is the substance of them:
In 1902, the Standard Portland Cement Company, controlled by Dingee and Bachman, was engaged in manufacturing cement at Napa Junction, Cal. In 1903 the Western Fuel…
2Cases cited12 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Lewis v. CocksSupreme Court of the United States · 1874
- Thompson v. Railroad CompaniesSupreme Court of the United States · 1868
- Burnes v. ScottSupreme Court of the United States · 1886
- George v. TateSupreme Court of the United States · 1881
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