Whalen v. Gordon
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Towa. On March 11, 1892, Joseph Whalen, the plaintiff in error, sold a si allion to Charles L. Gordon and others, who were co-partners as the Tiger Horse Company, and delivered to them the following written warranty, which was signed by himself and one D. A. Lyons: “To the Tiger Horse Co., Caledonia.
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In Error to the Circuit Court of the United States for the Northern District of Towa. On March 11, 1892, Joseph Whalen, the plaintiff in error, sold a si allion to Charles L. Gordon and others, who were co-partners as the Tiger Horse Company, and delivered to them the following written warranty, which was signed by himself and one D. A. Lyons: “To the Tiger Horse Co., Caledonia. N. IX: This is to certify that I guaranty stallion, named Admiral, No. 3,333, to he seven years old, sure foal-gelter (with proper care), and sound and true in all respects.” The purchase price of this horse was $100…
1Opinion of the Court
SANBORN, Circuit Judge.
When, at the close of the trial upon 1he issues presented by the original petition, the court below held tha t there could be no recovery, and the defendants in error filed an amended petition in which they claimed only $1,800, exclusive of interest and costs, (he court refused to dismiss the case for want of jurisdiction, and permitted them to again amend their petition, by adding claims which increased the apparent amount in controversy to more than $2,000. It is insisted that these rulings were erroneous, because, when the first amendment was made, the amount in…
2Cases cited36 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Robb v. VosSupreme Court of the United States · 1894
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
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3Cited by59 opinions
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- International Ladies' Garment Workers' Union v. Donnelly Garment Co.Court of Appeals for the Eighth Circuit · 1941
- P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
- In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
- Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
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