Barrell v. Newby
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court 'of the United States for the District of Indiana. On July 17, 1901, plaintiffs in error began their action at law to recover judgment for certain moneys claimed to have been advanced by them for defendant. An answer was filed, to which a demurrer for want of facts was addressed. On the overruling of the demurrer plaintiffs declined to plead further, and the court entered the judgment to reverse which this writ of error was brought.
Read the full summary
In Error to the Circuit Court 'of the United States for the District of Indiana. On July 17, 1901, plaintiffs in error began their action at law to recover judgment for certain moneys claimed to have been advanced by them for defendant. An answer was filed, to which a demurrer for want of facts was addressed. On the overruling of the demurrer plaintiffs declined to plead further, and the court entered the judgment to reverse which this writ of error was brought. The complaint, .in 14 paragraphs, and the answer, in 1, occupy 50 odd pages of printed record. A comparison of theSb pleadings with…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Plaintiffs question the adequacy of the allegations of their knowledge of defendant’s principalship before they took steps against 'Todd; but we think the answer avers their knowledge with sufficient certainty.
What were plaintiffs’ rights when on May ioth, after having executed Todd’s order of May 7th and incurred the loss by reason thereof, they learned that defendant was principal?
If a merchant parts with his goods to one whom he knows to be an agent, fails to require a disclosure of the principal, and charges the account to the agent, ordinarily the…
2Cases cited24 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Ford v. WilliamsSupreme Court of the United States · 1858
- Cobb v. . KnappNew York Court of Appeals · 1877
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- J. Aron & Co. v. DannebrogCourt of Appeals for the Second Circuit · 1923
- Great Lakes Towing Co. v. Mill Transp. Co.Court of Appeals for the Sixth Circuit · 1907
- Johnson & Higgins v. Charles F. Garrigues Co.Court of Appeals for the Second Circuit · 1929
- Pittsburgh Terminal Coal Corporation v. BennettCourt of Appeals for the Third Circuit · 1934
- The JungshovedDistrict Court, S.D. New York · 1921
3 more not listed; retrieve them via the Exa API.