Legal Opinion

Smith v. Jones

Court of Appeals for the Third Circuit

Decided June 3, 1910No. 62PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. Action by Thomas A. Jones and others, to the use of J. W. Van Dyke, against Edward B. Smith and others, trading as Edward B. Smith & Co. Judgment for plaintiffs, and defendants bring error.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below Thomas A. Jones and others brought an action at law against Edward B. Smith & Co. to recover damages for failure to deliver bonds of a certain character. At the trial the court reserved a point of defendants, viz., “tinder all the evidence in this case the jury should find for the defendants,” and submitted the case to the jury. It found a verdict in favor of the plaintiffs for $47,739.83, and as part of such verdict:

“The jury did also answer the following questions: (1) Did Smith & Co. agree to modify the contract of January 25, 1906, in the…

2Cases cited12 opinions

  1. Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
  2. Bond v. DustinSupreme Court of the United States · 1884
  3. City of Ft. Scott v. W. G. Eads Brokerage Co.Court of Appeals for the Eighth Circuit · 1902
  4. German Ins. Co. of Freeport v. FrederickCourt of Appeals for the Eighth Circuit · 1893
  5. Sawin v. KennySupreme Court of the United States · 1876

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. W. S. Forbes & Co. v. Southern Cotton Oil Co.Supreme Court of Virginia · 1921
  2. Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
  3. Cornette v. Baltimore & O. R.Court of Appeals for the Third Circuit · 1912
  4. McCord v. Baltimore & O. R.Court of Appeals for the Third Circuit · 1911
  5. Deemer v. United Fruit Co.District Court, E.D. Pennsylvania · 1936

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