Dillard v. Paton
United States Circuit Court
FINDING OF FACTS. This ease, by stipulation of the parties under the statute, was submitted to the court without a jury. The court found the following to be the material facts: I. The plaintiffs and defendants are members of the Memphis Cotton Exchange, an incorporated association, the purposes of which are thus described by its constitution: “ARTICLE II.—PURPOSES.
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FINDING OF FACTS. This ease, by stipulation of the parties under the statute, was submitted to the court without a jury. The court found the following to be the material facts: I. The plaintiffs and defendants are members of the Memphis Cotton Exchange, an incorporated association, the purposes of which are thus described by its constitution: “ARTICLE II.—PURPOSES. “Section 1. The purposes of this association shall be to provide and maintain suitable rooms for a cotton exchange in the city of Memphis; to adjust controversies between members; to establish just and equitable principles, uniform…
1Opinion of the CourtHammond, J.
Outside of the rules of the cotton exchange there could bo no possible doubt about this case. The delivery was as complete as it was possible to be, and under the general law the title passed to the defendants from the moment they examined, approved, and marked the cotton, and the risk of loss by fire was theirs. Leonard v. Davis, 1 Black, 476, 483; Hatch v. Oil Co. 100 U. S. 124, 128; Tome v. Dubois, 6 Wall. 548, 554; Williams v. Adams, 3 Sneed, 358; Bush v. Barfield, 1 Cold. 93; Porter v. Coward, Meigs, 25; 1 Amer. Law Rev. 413, and authorities cited. The defendants concede this; but they…
2Cases cited11 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Insurance Cos. v. WrightSupreme Court of the United States · 1864
- Bliven v. New England Screw Company.Supreme Court of the United States · 1860
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