Irwin v. Williar
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COÜRT OF THE UNITED STATES FOR' THE1 DISTRICT OF INDIANA. The defendants in error were plaintiffs below, and brought this action against the plaintiff in error, as surviving partner of the firm of Irwin & Davis, to 'Recoven á balance alleged to be due, growing out of certain sales of-wheat for'future delivery, claimed to have been made by the defendants -in error for the firm of Irwin' & Davis upon their order, The liability 9f the plaintiff in error…
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IN ERROR TO THE CIRCUIT COÜRT OF THE UNITED STATES FOR' THE1 DISTRICT OF INDIANA. The defendants in error were plaintiffs below, and brought this action against the plaintiff in error, as surviving partner of the firm of Irwin & Davis, to 'Recoven á balance alleged to be due, growing out of certain sales of-wheat for'future delivery, claimed to have been made by the defendants -in error for the firm of Irwin' & Davis upon their order, The liability 9f the plaintiff in error was denied on two grounds: 1. .That the transactions were made by Davis, the deceased partner, without the knowledge,…
1Opinion of the Court
Mn. Justice Matthews
delivered the opinion of the court.
After reciting the facts in the foregoing language, he continued:
The proposition contained in this charge is that the business of dealing in grain, no matter how much it may be restricted by agreement between the partners, and no matter how it may have been qualified by the actual practice of the firm, necessa. rily authorizes each partner to bind the others by unknown ■contracts in distant-markets for unlimited sales and purchases of grain for future delivery. And so the jury must have understood it.; fói* they were told that “ if Irwin…
2Cases cited6 opinions
- J. B. Lyon & Co. v. Culbertson, Blair & Co.Illinois Supreme Court · 1876
- Barnard v. BackhausWisconsin Supreme Court · 1881
- Gregory v. WendellMichigan Supreme Court · 1879
- Story v. . SalomonNew York Court of Appeals · 1877
- Roundtree v. SmithSupreme Court of the United States · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by218 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- Clews v. JamiesonSupreme Court of the United States · 1901
- Embrey v. JemisonSupreme Court of the United States · 1889
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
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