Mellor v. Smither
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Texas. This is an appeal from a decree sustaining a demurrer to the amended and supplemental bill of complaint in the cause.
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Appeal from the Circuit Court of the United States for the Northern District of Texas. This is an appeal from a decree sustaining a demurrer to the amended and supplemental bill of complaint in the cause. The plaintiff, Melior, filed bis original bill of complaint in the case May 30, 1898, as surviving partner of the commercial firm of Melior & Fenton, of Liverpool, bis co-partner having died in 1885. The bill shows an agreement between plaintiff’s firm and the defendant John T. Smither for the purchase of cotton in the state of Texas and the sales of cotton for future delivery, and certain…
1Opinion of the CourtShelby, Circuit Judge
The correct decision of this case turns on the question whether or not the plaintiff at the time he filed his bill had a cause of action. If he had no cause of action then, he cannot, by amendment or supplemental bill, introduce a cause of action that accrued thereafter, even though it arose out of the same transaction that was the subject of the original .bill. 1 Beach, Mod. Eq. Prac. § 496; Straughan v. Hallwood, 30 W. Va. 274, 4 S. E. 394, 8 Am. St. Rep. 29; Hill v. Hill, 10 Ala. 527. But where a cause of action exists at the filing of the bill which is defectively presented by the bill,…
2Cases cited8 opinions
- Bank v. Carrollton RailroadSupreme Court of the United States · 1871
- Hill v. HillSupreme Court of Alabama · 1846
- Hoxie v. CarrU.S. Circuit Court for the District of Rhode Island · 1832
- Jenkins v. International Bank of ChicagoSupreme Court of the United States · 1888
- Straughan v. HallwoodWest Virginia Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Berssenbrugge v. Luce Mfg. Co.District Court, W.D. Missouri · 1939
- Bowles v. SenderowitzDistrict Court, E.D. Pennsylvania · 1946
- Chicago Grain Door Co. v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1905
- International Paper Co. v. Bellows Falls Canal Co.Supreme Court of Vermont · 1914
- In re BoyntonDistrict Court, W.D. Washington · 1938
4 more not listed; retrieve them via the Exa API.