Legal Opinion

Rice v. Sharpleigh Hardware Co.

U.S. Circuit Court for the District of Western Tennessee

Decided January 10, 1898No. 3,436PublishedCited by 8 opinions

At Law. The plaintiffs sued the defendant company by attachment, in the state court of proper jurisdiction, in an action of damages for a breach of contract, alleging that the defendant had bound itself for one year to sell its bicycles, at fixed prices, only to the plaintiffs, within certain specified territory of the states of Tennessee, Mississippi, and Arkansas, and that in violation of that agreement, without the consent of the plaintiffs, they had sold and contracted…

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At Law. The plaintiffs sued the defendant company by attachment, in the state court of proper jurisdiction, in an action of damages for a breach of contract, alleging that the defendant had bound itself for one year to sell its bicycles, at fixed prices, only to the plaintiffs, within certain specified territory of the states of Tennessee, Mississippi, and Arkansas, and that in violation of that agreement, without the consent of the plaintiffs, they had sold and contracted to sell to other dealers within 'that territory a large number of their bicycles, with the intention to assist the said…

1Opinion of the CourtHammond, J.

(after stating the facts). This case is very peculiar, and I have been perplexed to know what to do with it. The defendant is a Missouri corporation, entitled, under the principles laid down in Pennoyer v. Neff, 95 U. S. 714, and other cases of like authority, to exemption from suits in other states which shall, without due process of law, bind it to personal judgment, except so far as it may have submitted'itself to these outside jurisdictions; but, by the same principles and authority, whatever property it has situated in another state is undoubtedly subject to appropriation in that state,…

2Cases cited13 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. United States v. LacherSupreme Court of the United States · 1890
  3. McDonald v. HoveySupreme Court of the United States · 1884
  4. United States v. RyderSupreme Court of the United States · 1884
  5. Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884

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3Cited by8 opinions

  1. La Varre v. International Paper Co.District Court, E.D. South Carolina · 1929
  2. First International Bank v. BrehmerNorth Dakota Supreme Court · 1927
  3. Martinó Vda. de Núñez v. Santisteban Chavarri & Co.Supreme Court of Puerto Rico · 1938
  4. Sandusky Cement Co. v. A. R. Hamilton & Co.District Court, N.D. Ohio · 1921
  5. United States National Bank v. RawsonOregon Supreme Court · 1935

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