Butler Bros. Shoe Co. v. United States Rubber Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. The United Slates Rubber Company, a corporation of New Jersey, was a large manufacturer of rubber goods, and its principal office was in New York. It had a factory in one of the Fjastern states and a warehouse in Chicago, from which it shipped its merchandise to consignees and purchasers. The Butler Bros.
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Appeal from the Circuit Court of the United States for the District of Colorado. The United Slates Rubber Company, a corporation of New Jersey, was a large manufacturer of rubber goods, and its principal office was in New York. It had a factory in one of the Fjastern states and a warehouse in Chicago, from which it shipped its merchandise to consignees and purchasers. The Butler Bros. Shoe Company, a corporation of Colorado, was a wholesale merchant engaged in the purchase and sale of rubber goods and other merchandise at Denver, in that state. In January, 1901, in January, 1902, and in…
1Opinion of the CourtSanborn, Circuit Judge
Counsel for the appellant first assail the decree on the ground that, by filing the' replication after its exception to the defense that the complainant had been doing business in the state of Colorado without a license was overruled, the complainant estopped itself from again questioning the sufficiency of that defense. This is not a case in which complainant waived its objections to the answer by failing *5to file anv exception to it (Story’s Equity Pleading [10th Ed.] § 877; Slater v. Maxwell, 73 U. S. 268, 275, 18 L. Ed. 796; Hughes v. Blake, 6 Wheat. 463, 472, 5 L. Ed. 303; Farley v.…
2Cases cited98 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Paul v. VirginiaSupreme Court of the United States · 1869
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Leisy v. HardinSupreme Court of the United States · 1890
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3Cited by143 opinions
- Mayflower Industries v. Thor Corp.New Jersey Superior Court Appellate Division · 1951
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Furst & Thomas v. BrewsterSupreme Court of the United States · 1931
- Superior Concrete Accessories, Inc. v. KemperSupreme Court of Missouri · 1955
- International Text-Book Co. v. GillespieSupreme Court of Missouri · 1910
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