Legal Opinion

Brock v. Northwestern Fuel Co.

Supreme Court of the United States

Decided April 15, 1889No. 210PublishedCited by 5 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA. The Northwestern Fuel Company, a Minnesota corporation, brought this action, February 18, 1882, to recover .from the plaintiffs in error, citizens of Iowa, the sum of $1309.50, alleged' 'to be due under a written.contract, made.July 21,1881, between the lattér and the What Cheer Land and Coal Company, a corporation alleged to be “doing business'in. the State of Iowa; ” the benefits of which…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA. The Northwestern Fuel Company, a Minnesota corporation, brought this action, February 18, 1882, to recover .from the plaintiffs in error, citizens of Iowa, the sum of $1309.50, alleged' 'to be due under a written.contract, made.July 21,1881, between the lattér and the What Cheer Land and Coal Company, a corporation alleged to be “doing business'in. the State of Iowa; ” the benefits of which contract were assigned by that company to the plaintiff. The contract related to coal to be mined by the What Cheer Land…

1Opinion of the CourtJustice Harlan

stated the case as above reported and delivered the opinion of the court.

The act of 1875 declares that no Circuit or District Court shall have “cognizance of any suit founded on contract in favor of an assignee, unless a suit might have been prosecuted in such court to recover thereon if no assignment had been made, except in cases of promissory notes negotiable by the' law merchant and bills of exchange.” 18 Stat. 470. It does not appear that the What Cheer Land and Coal Company, the plaintiffs’ assignor, could' have brought suit on the contract in question, if no assignment had been made.…

2Cases cited1 opinion

  1. Metcalf v. WatertownSupreme Court of the United States · 1888

3Cited by5 opinions

  1. Danks v. GordonCourt of Appeals for the Second Circuit · 1921
  2. Kolze v. HoadleySupreme Court of the United States · 1906
  3. Woods v. First Nat. Bank of Albuquerque, N. M.Court of Appeals for the Ninth Circuit · 1926
  4. New England Nat. Bank of Kansas City v. CalhounCourt of Appeals for the Eighth Circuit · 1925
  5. Jones v. Pacific Dredging Co.Idaho Supreme Court · 1903

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