Davis v. William M. Tileston & Co.
Supreme Court of the United States
This case was brought up by writ of error from the District Court of the United States for the Northern District of Mississippi.
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This case was brought up by writ of error from the District Court of the United States for the Northern District of Mississippi. In the year 1838, Thomas Davis, the plaintiff in error, received three thousand dollars from the Aberdeen and Pontotoc Railroad and Banking Company in thie notes of that institution, and gave his bond for the. delivery of seventy-five bales of cotton at the town of Burlingham, on the Tallahatchie River, on or before the 1st day of the ensuing March. According to his own statement in. the bill which he afterwards filed, he paid $ 1,685.50, and delivered eighteen…
1Opinion of the CourtJustice Woodbury
The judgment in this case below was founded entire’y on the bill in chancery and the general demurrer to it.
There is in the record an answer filed a few days previous to the judgment. But the cause having before been set down for a hearing on the bill and demr rer', the answer does not appear to have been at all considered, —for that or some other reason, — and is not referred to in the decision.
The only question for consideration by us, then, is, whether . the judgment dismissing the bill on the demurrer was correct.
Upon a careful examination of the facts and principles in volved, we feel…
2Cases cited7 opinions
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- United States v. RobertsonSupreme Court of the United States · 1831
- American Insurance v. FiskNew York Court of Chancery · 1828
- Thompson v. Berry & Van BeurenNew York Court of Chancery · 1818
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3Cited by10 opinions
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- Murrah v. StateMississippi Supreme Court · 1875
- Hentig v. SweetSupreme Court of Kansas · 1882
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