Meyer v. Richards
Supreme Court of the United States
EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. Plaintiffs below (plaintiffs in error here) commenced their action to recover the sum of $8383.75, with interest from judicial demand, the facts averred in the petition being sub-, stantially as follows : In February, 1889, the defendant sold to plaintiffs thirteen bonds of the State of Louisiana, which were described in and annexed to the petition; that the price paid for these bonds was…
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EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. Plaintiffs below (plaintiffs in error here) commenced their action to recover the sum of $8383.75, with interest from judicial demand, the facts averred in the petition being sub-, stantially as follows : In February, 1889, the defendant sold to plaintiffs thirteen bonds of the State of Louisiana, which were described in and annexed to the petition; that the price paid for these bonds was the amount sought to be recovered, and the bonds were (we quote from the petition) “ sold and delivered to your…
1Opinion of the CourtJustice White
A strict construction of the pleadings would create the impression that the sale out of which the controversy arose was made upon an express oral warranty of the validity of the bonds sold. As, however, the case was submitted upon an agreed statement of facts which does not declare this to be a fact, and as both parties, as well as the court below, assumed such not to be the ease, we will pretermit this aspect of the subject and consider the case upon the theory that the only warranty, if any, is one to be implied from the nature of the contract.
It is obvious from the facts just detailed that…
2Cases cited31 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Fort Scott v. HickmanSupreme Court of the United States · 1884
- Groves v. SentellSupreme Court of the United States · 1894
- Utley v. DonaldsonSupreme Court of the United States · 1877
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