Corey v. Atlas Coal & Coke Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Action by Charles C. Corey against the Atlas Coal & Coke Company. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Action by Charles C. Corey against the Atlas Coal & Coke Company. Judgment for defendant, and plaintiff brings error. On the 9th day of November, 1916, Charles C. Corey brought an action against the Adas Coal & Coke Company in the circuit court of Wayne county, Mich., to recover damages in the sum of $15,000 for breach of a certain contract in writing, dated August 9, 1916, by the terms of which the defendant agreed to sell and ship, to the order of plaintiff, five cars per week…
1Opinion of the CourtDonahue, Circuit Judge
(after stating the facts as above). No written waiver of jury appears of record; nevertheless the final decree in'the District Court recites the fact that a jury had been waived by the parties, and there is no controversy now between counsel upon that proposition. On the contrary, when we assume that the trial of this case before the District Court was in pursuance of the statutory waiver of jury, we are but assuming a fact conceded by both counsel. It therefore becomes unnecessary to determine whether the stipulations entered into by counsel on June 13th and November 2d are, in effect, a…
2Cases cited2 opinions
- Dooley v. PeaseSupreme Court of the United States · 1901
- Mayes v. Paul Jones & Co.Court of Appeals for the Sixth Circuit · 1921
3Cited by7 opinions
- Canadian Nat. Ry. Co. v. George M. Jones Co.Court of Appeals for the Sixth Circuit · 1928
- Templar Motors Co. v. Bay State Pump Co.Court of Appeals for the Sixth Circuit · 1923
- Vitro Corporation of America v. The Hall Chemical Company and James D. HallCourt of Appeals for the Sixth Circuit · 1958
- Detroit Carrier & Mfg. Co. v. Dodge Bros.Court of Appeals for the Sixth Circuit · 1929
- American Smelting & Refining Co. v. HymanCourt of Appeals for the Sixth Circuit · 1926
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