Proctor-Gamble Co. v. Warren Cotton Oil Co.
U.S. Circuit Court for the District of Eastern Arkansas
At Daw. Action by the Proctor-Gamble Company against the Warren Cotton Oil Company and others. On motion of defendants J. M. Bailey and D. A. Bradham for a new trial, and judgment in their favor. ' Plaintiff, a corporation created under the laws of the state of Ohio, seeks to recover from the defendant the Warren Cotton Oil Company, a corporation created under the laws of the state of Arkansas, and which will hereinafter be referred to as the “oil company,” and the other…
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At Daw. Action by the Proctor-Gamble Company against the Warren Cotton Oil Company and others. On motion of defendants J. M. Bailey and D. A. Bradham for a new trial, and judgment in their favor. ' Plaintiff, a corporation created under the laws of the state of Ohio, seeks to recover from the defendant the Warren Cotton Oil Company, a corporation created under the laws of the state of Arkansas, and which will hereinafter be referred to as the “oil company,” and the other defendants, J. M. Bailey and D. A. Bradham, who were, respectively, the president and secretary of the corporation, damages…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). The contention of counsel for defendants is that the word “debt” used in this statute must be given a strict construction and limited to “a sum of money due by certain and express agreement,” and, as this is an action to recover unliquidated damages for a breach of contract under a statute penal in its nature and in derogation of the common law, it is not a “debt” within the meaning of the statute.
While there is an irreconcilable conflict among the authorities as to whether a statute of this nature is penal or remedial, and consequently whether it should be…
2Cases cited19 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Chase v. CurtisSupreme Court of the United States · 1885
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Neal v. MoultrieSupreme Court of Georgia · 1852
- Dunsmoor v. FurstenfeldtCalifornia Supreme Court · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Robertson v. MillerCourt of Appeals for the Second Circuit · 1922
- Gardner v. RumseySupreme Court of Oklahoma · 1921