Allen v. Killinger
Supreme Court of the United States
Error to the Circuit Court for the Northern District of Illinois. The case was this: There were two firms of both which a certain B. F. Murphy was a member; the one was at Des Moines, and consisted of this B. F. Murphy and a certain Allen. This firm was under the title of Murphy & Allen. The other was at Chicago, and consisted of this same B. F. -Murphy and one Miles Murphy.
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Error to the Circuit Court for the Northern District of Illinois. The case was this: There were two firms of both which a certain B. F. Murphy was a member; the one was at Des Moines, and consisted of this B. F. Murphy and a certain Allen. This firm was under the title of Murphy & Allen. The other was at Chicago, and consisted of this same B. F. -Murphy and one Miles Murphy. This firm was under the title of Miles Murphy & Co. The former was engaged in the business of packing pork ; the latter in that of buying and selling the “ hog product” on commission. In this state of things, one…
1Opinion of the Court 1
75 U.S. 480 (____)
8 Wall. 480
ALLEN
v.
KILLINGER.
Supreme Court of United States.
Mr. J.M. Jewett, for the plaintiff in error.
Messrs. Gookins and Roberts, contra.
2Opinion of the Court · MillerJustice Miller
We are of opinion that the court erred in admitting, against the objection of the defendants, the conversation between Miles Murphy and the plaintiff, in which the plaintiff gives his version of his contract with defendant, Allen.
The plaintiff Killinger had an opportunity to give his version of the contract made by Allen with him on behalf of Murphy & Allen, and he did so under oath, and subject to cross-examination. Miles Murphy was the…
Also in this document: Dissent.
3Cases cited1 opinion
- Allen v. KillingerSupreme Court of the United States · 1869