Central Coal & Coke Co. v. George S. Good & Co.
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. The Central Coal & Coke Company, a corporation, brought an action in the United States Court of the Indian Territory for the Central District against Good & Co., another corporation, to recover the sum of $9,024.42 and interest for lumber and piling which it had furnished to the defendant.
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In Error to the United States Court of Appeals in the Indian Territory. The Central Coal & Coke Company, a corporation, brought an action in the United States Court of the Indian Territory for the Central District against Good & Co., another corporation, to recover the sum of $9,024.42 and interest for lumber and piling which it had furnished to the defendant. It alleged in its complaint that on December 15, 1894, it agreed with the defendant to furnish it lumber and piling; that it had complied with its contract, and there had become due to it thereunder $9,024.42. And for a second cause of…
1Opinion of the CourtSanborn, Circuit Judge
May one who has knowingly accepted and applied to his own use property of his contractor, furnished by the latter under the agreement between them, escape payment of the contract price or value of the property delivered by proof that when he accepted and used it he notified his contractor that he refused to receive it as his prop-erty, and accepted it as the property of another, and that he paid the third party therefor? Good & Co., the defendant below, made written agreement with the plaintiff, the Central Coal & Coke Company, to pay it for the piling the latter furnished under its contract.…
2Cases cited15 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Frenkel v. HudsonSupreme Court of Alabama · 1886
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Winchester v. Baltimore & Susquehanna R. R.Court of Appeals of Maryland · 1853
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3Cited by15 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- Haverty Realty & Inv. Co. v. CommissionerUnited States Tax Court · 1944
- American Crystal Sugar Co. v. NicholasCourt of Appeals for the Tenth Circuit · 1941
- Bertelsen & Petersen Engineering Co. v. United StatesCourt of Appeals for the First Circuit · 1932
- The Pacific MaruDistrict Court, S.D. Georgia · 1925
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