Kamm v. Rees
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Oregon. Action by Mary Rees, Thomas M. Rees, James H. Rees, and William M. Rees, as trustees, against Jacob Kamm, Judgment for plaintiffs, and defendant brings error. The defendants in error, as plaintiff's, recovered a judgment against the plaintiff in error, who was the defendant therein. For convenience, the parties will be designated herein as they were in the court below.
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In Error to the Circuit Court of the United States for the District of Oregon. Action by Mary Rees, Thomas M. Rees, James H. Rees, and William M. Rees, as trustees, against Jacob Kamm, Judgment for plaintiffs, and defendant brings error. The defendants in error, as plaintiff's, recovered a judgment against the plaintiff in error, who was the defendant therein. For convenience, the parties will be designated herein as they were in the court below. For several years prior to the year 1889 the plaintiffs had been engaged in the business of manufacturing steam engines, boilers, and steamboat…
1Opinion of the CourtGirbert, Circuit Judge
(after stating the facts as above). The defendant assigns error to the refusal of the court to instruct the jury that if they found from the evidence that the plaintiffs at any time elected to treat the contracts as the contracts of the Snake River Transportation Company, the defendant could not be held liable thereon in the present action, and he invokes the doctrine that where a plaintiff has a right to proceed either against the principal for whom a contract was made, or the agent by whom it was made, and he elects to hold either of those liable, he thereby releases the other. We are…
2Cases cited14 opinions
- Lusk v. ThroopIllinois Supreme Court · 1901
- Gill v. StaylorCourt of Appeals of Maryland · 1901
- Clausen v. HeadWisconsin Supreme Court · 1901
- Clark v. Jones & BrotherSupreme Court of Alabama · 1888
- Andrews v. National Foundry & Pipe Works, Ltd.Court of Appeals for the Seventh Circuit · 1896
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3Cited by5 opinions
- C. S. Johnson Company, a Corporation v. Merle W. Stromberg, Doing Business as California Batching Equipment Co.Court of Appeals for the Ninth Circuit · 1957
- Davis v. LivingstonCourt of Appeals for the Ninth Circuit · 1926
- Central Oregon Irrigation Co. v. YoungOregon Supreme Court · 1923
- Hilliard v. You-Do-It Electronics Hobby Center, Inc.Massachusetts District Court, Appellate Division · 1969
- White v. Central Trust Co.Appellate Court of Illinois · 1930