Kellogg Bridge Co. v. Hamilton
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR. THE NORTHERN DISTRICT OF OHIO. The Kellogg Bridge Company, the defendant below, undertook to construct, for the Lake Shore and Michigan Southern Railroad Company, an iron bridge across Maumee Riv.er at Toledo, Ohio.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR. THE NORTHERN DISTRICT OF OHIO. The Kellogg Bridge Company, the defendant below, undertook to construct, for the Lake Shore and Michigan Southern Railroad Company, an iron bridge across Maumee Riv.er at Toledo, Ohio. After doing a portion of the work it entered into a written contract with the defendant in error, for the completion of the bridge under its directions, containing among others, these stipulations: “ That the said party of the first part [Hamilton] hereby agrees to furnish and prepare all the necessary false work and erect…
1Opinion of the Court
Me. Justioe HablaN
delivered the opinion of the court.
After reciting the foregoing facts, he continued: It is insisted by the defendant in error that the value of the matter really in dispute here is less than the amount requisite to give this court jurisdiction. Upon this ground a motion to dismiss was - here» tofore made, and was denied. To that ruling we adhere. Upon the pleadings it is apparent that the defendant asserts its right to judgment for $6,619.70 after crediting plaintiff, not only with the sum specified in the contract, but with every other sum to which he is entitled in the…
2Cases cited5 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Hoe v. . SanbornNew York Court of Appeals · 1860
- State ex rel. Peters v. McCollisterOhio Supreme Court · 1841
- Brenton v. DavisIndiana Supreme Court · 1847
- Leopold v. Van KirkWisconsin Supreme Court · 1870
3Cited by152 opinions
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- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Humber v. MortonTexas Supreme Court · 1968
- ELDERKIN Et Ux. v. GasterSupreme Court of Pennsylvania · 1972
- Dushane v. BenedictSupreme Court of the United States · 1887
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