Legal Opinion

Central Coal & Coke Co. v. Good

Court Of Appeals Of Indian Territory

Decided October 5, 1901Published

Appeal from tbe United States Court for the Central District. Wm, H. H. Clayton, Judge. Action by the Central Coal & Coke Company against George S. Good & Co. Judgment for defendant. Plaintiff appeals.

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Appeal from tbe United States Court for the Central District. Wm, H. H. Clayton, Judge. Action by the Central Coal & Coke Company against George S. Good & Co. Judgment for defendant. Plaintiff appeals. On October 13, 1895, the plaintiff below (appellant here) filed its original complaint against the defendant below (appellee here). On April 4,1896, plaintiff filed amended complaint, and alleged that plaintiff and defendant, on the 15th day of December, 1894, entered into a written contract, by the terms of which plaintiff was to furnish to defendant lumber and piling to be used in the…

1Opinion of the CourtTownsend, C. J.

The appellant has filed 13 assignments of error, but in his argument discusses only four propositions. The first error discussed was the action of the court in striking out of the deposition of M. W. Osborn, on motion of appellee, certain testimony tending to explain the contract between himself and appellee, and excluding same from jury. The testimony thus stricken out and the action of the court is as follows: “The deposition of M. W. Osborn was thereupon offered by the plaintiff and thereupon the defendant objects to that part of said deposition which is as follows: ‘Q. I notice, Mr.…

2Cases cited12 opinions

  1. McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
  2. Robinson v. MoseleySupreme Court of Alabama · 1890
  3. Talbot v. WilkinsSupreme Court of Arkansas · 1876
  4. Hussman v. WilkeCalifornia Supreme Court · 1875
  5. Cunningham v. MilnerSupreme Court of Alabama · 1876

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