Schutz v. Jordan
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The plaintiffs in error, plaintiffs below, were merchants ■doing business in the city of New York. The defendants were merchants doing business in the city of Boston. The latter had a large establishment, divided into different departments, fifty or sixty in number, with a superintendent in charge of each, and in the neighborhood of two thousand employes.
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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The plaintiffs in error, plaintiffs below, were merchants ■doing business in the city of New York. The defendants were merchants doing business in the city of Boston. The latter had a large establishment, divided into different departments, fifty or sixty in number, with a superintendent in charge of each, and in the neighborhood of two thousand employes. The action was on an account for goods sold and delivered, was commenced in the Supreme Court of New York, and removed thereafter to the Circuit Court of…
1Opinion of the CourtJustice Brewer
On the general merits of the case, it may be observed that the action is on a contract for goods purchased by defendants. If no such contract of purchase was - in fact made, the verdict was right; and this, although goods of the plaintiffs were surreptitiously put into the possession of defendants, and the proceeds of sales made thereof by their employes passed into their hands. W"hile from the fact that goods belonging to one party pass into the possession of another a contract of purchase may sometimes be implied, it will not be implied when it appears that such transfer of possession was…
2Cases cited5 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Howard v. . DalyNew York Court of Appeals · 1875
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Callan v. GaylordSupreme Court of Pennsylvania · 1834
3Cited by50 opinions
- Crude Oil Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1947
- Christensen Engineering Co. v. Westinghouse Air Brake Co.Court of Appeals for the Second Circuit · 1905
- Adler v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1929
- Rios v. NicholsonCourt of Appeals for the Federal Circuit · 2007
- Wabash R. Co. v. De TarCourt of Appeals for the Eighth Circuit · 1905
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