Legal Opinion

Plews v. Burrage

Court of Appeals for the First Circuit

Decided July 26, 1921No. 1510PublishedCited by 24 opinions

In Error to the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Action by Arthur S. Plews against Albert C. Burrage. Judgment for defendant on demurrer (271 Fed. 727), and plaintiff brings error.

1Opinion of the CourtAnderson, J.

Plews brings, this suit at law on a written contract under which Burrage agreed to pay Plews 5 per cent, of all profits in stock or money accruing to Burrage out of his acquisition of copper properties brought to his attention by Plews. On a record made up of a declaration, answer, replication, and demurrer to the replication, the District Court was of the opinion that the crucial questions were close and doubtful, and therefore sustained the demurrer and entered judgment for the defendant. ' Although this unusual array of plead*883ings covers about 80 pages, and has been argued by learned…

2Cases cited33 opinions

  1. Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
  2. Scott v. NeelySupreme Court of the United States · 1891
  3. Kimberly v. ArmsSupreme Court of the United States · 1889
  4. Brooks v. MartinSupreme Court of the United States · 1864
  5. Barnes v. AlexanderSupreme Court of the United States · 1914

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3Cited by24 opinions

  1. Usm Corporation v. Gkn Fasteners, LimitedCourt of Appeals for the First Circuit · 1978
  2. Pollen v. Ford Instrument Co.Court of Appeals for the Second Circuit · 1940
  3. Houston v. TrowerCourt of Appeals for the Eighth Circuit · 1924
  4. Crossen v. CampbellOregon Supreme Court · 1921
  5. United States v. Pan-American Petroleum Co.District Court, S.D. California · 1925

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