Legal Opinion

Davis v. Patrick

Supreme Court of the United States

Decided November 9, 1891No. 984PublishedCited by 139 opinions

ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT OE NEBRASKA. The case was stated by the court as follows : This case was commenced on the 24th day of November, 1880, by the filing of a petition in the District Court of Knox County, Nebraska. Subsequently it was removed to the Circuit Court of the United States, and at the May term, 1883, of that court á judgment was rendered in favor of the plaintiff.

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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT OE NEBRASKA. The case was stated by the court as follows : This case was commenced on the 24th day of November, 1880, by the filing of a petition in the District Court of Knox County, Nebraska. Subsequently it was removed to the Circuit Court of the United States, and at the May term, 1883, of that court á judgment was rendered in favor of the plaintiff. That judgment was reversed by this court, at its October term, 1886. Davis v. Patrick, 122 U. S. 138. A second trial in January, 1890, resulted in another verdict and judgment…

1Opinion of the CourtJustice Beewee

That Davis was interested in having the ore transported to the furnaces is clear. He was interested in two respects: First, as to the 4995 tons to be delivered to him at the ore-house, it being his property when thus delivered, any subsequent handling was wholly for his benefit; and in respect to the balance, as the transportation was one step in the process of converting the product of the mine into money, it would help to pay the debt of the company to him. Davis, therefore, was so pecuniarily interested in, and so much to be benefited by, the prompt and successful transportation of the…

2Cases cited1 opinion

  1. Emerson v. SlaterSupreme Court of the United States · 1860

3Cited by139 opinions

  1. Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company and W. Ray FlemmingCourt of Appeals for the Fourth Circuit · 1976
  2. Cooper Petroleum Co. v. LaGloria Oil and Gas Co.Texas Supreme Court · 1969
  3. Rowell v. SmithWisconsin Supreme Court · 1905
  4. Wahl v. CunninghamSupreme Court of Missouri · 1928
  5. Tore, Ltd. v. ChurchNevada Supreme Court · 1989

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