Williar v. Irwin
U.S. Circuit Court for the District of Indiana
The following-authorities were cited by counsel: Gregory v. Wendell, 40 Mich. 432; Bailey v. Bensley, 87 Ill. 556; Oldershaw v. Knoles, 4 -Bradw. [HI. App.] 63; s. c. 6 Bradw. [III. App.] -325; Nourse v. Prime, 4 Johns. Ch. 490; s. c. 7 Johns. Oh. 85; Horton v. Morgan, 19 N. Y. 170; Stewart v. Drake, 46 N. Y. 450; Worthington v. Tormey, 34 Md. 182; Price v. Gover, 40 Md. 102.
1Opinion of the CourtGresham, District Judge
(charging jury). This is an action brought by the plaintiffs against the defendant as surviving partner of the firm of Irwin & Davis to’ recover an alleged balance due from said firm to the plaintiffs. The transactions out of which it is .claimed this balance -grew were -certain sales of wheat for future delivery claimed to have been made by the plaintiffs as commission merchants at Baltimore for Irwin & Davis on the order of this firm.
The defenses are: First—That the alleged sales of wheat were not within the scope of the partnership business of Irwin & Davis; that they were the individual…
2Cases cited2 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Jackson v. FooteUnited States Circuit Court · 1882
3Cited by4 opinions
- Lyons Milling Co. v. Goffe & Carkener, Inc.Court of Appeals for the Tenth Circuit · 1931
- Wall v. SchneiderWisconsin Supreme Court · 1884
- Palmer v. LoveCourt of Appeals of Tennessee · 1934
- Haven v. JamesU.S. Circuit Court for the Northern District of Georgia · 1909