Thomas v. Lancaster Mills
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Southern District of Illinois. This was an action by the Lancaster Mills, of Clinton, Mass., for the use of the Insurance Company of North America, against Anthony J. Thomas and Charles E. Tracy, receivers of the Cairo Division of the Wabash, St. Louis & Pacific Railway Company. From a judgment in favor of plaintiff (63 Fed. 200), defendants appeal.
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Appeal from the Circuit Court of the United States for the Southern District of Illinois. This was an action by the Lancaster Mills, of Clinton, Mass., for the use of the Insurance Company of North America, against Anthony J. Thomas and Charles E. Tracy, receivers of the Cairo Division of the Wabash, St. Louis & Pacific Railway Company. From a judgment in favor of plaintiff (63 Fed. 200), defendants appeal. The Cairo Division of the Wabash, St. Louis & Pacific Railway, extending from Cairo, 111., to Tillen, 111. (hereinafter termed the railway company), was, from and after the 22d day of…
1Opinion of the CourtJenkins, Circuit Judge
We do not find it needful to determine the disputed question of fact whether the sums paid to the shippers by the agent of the railway company were in rebate of freight, or in consideration of the assumption by the shippers of the marine risk between Memphis and Cairo, nor to say whether the receipts given by the shippers upon such payments were altered after delivery, or were procured by fraudulent means, since our judgment must proceed upon other facts which are undisputed, or abundantly established by the evidence. Nor do we need to consider the interesting question discussed at the bar,…
2Cases cited16 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- Green-Wheeler Shoe Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Kansas · 1905
- Crump v. ThompsonCourt of Appeals for the Eighth Circuit · 1948
5 more not listed; retrieve them via the Exa API.