Legal Opinion

Mercantile Trust Co. v. Hensey

Supreme Court of the United States

Decided April 8, 1907No. 245PublishedCited by 78 opinions

ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. ■The Mercantile Trust Company, by this-writ of error, seeks to review a judgment of the Court of Appeals of the District of Columbia, affirming, a judgment against it of the Supreme Court of the District for the sum of $8,468. The action was brought upon a bond for fifty- thousand dollars, executed January 24, 1900, by the company as surety for one Jones, for 'the performance by him of a written contract entered into…

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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. ■The Mercantile Trust Company, by this-writ of error, seeks to review a judgment of the Court of Appeals of the District of Columbia, affirming, a judgment against it of the Supreme Court of the District for the sum of $8,468. The action was brought upon a bond for fifty- thousand dollars, executed January 24, 1900, by the company as surety for one Jones, for 'the performance by him of a written contract entered into on the--same date between him and the defendant in. error, who was thé plaintiff below, relative to the completion by…

1Opinion of the CourtJustice Peckham

After even more than the usual number of pleas, additional pleas, replications, rejoinders and demurrers, which are to be found in the pleadings in this District, the parties came to trial on the issues of fact, and the plaintiff recovered a verdict as stated. The judgment entered 'on the verdict was affirmed by the Court of Appeals. 27 App. D. C. 210.

The grounds submitted in this court for the reversal of the judgment are reduced to two, set forth in the brief for the plaintiff in error, as follows:

“First, that the testimony of all the plaintiff’s witnesses who testified in respect of…

2Cases cited5 opinions

  1. Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
  2. Glacius v. . BlackNew York Court of Appeals · 1872
  3. Sweeney v. United StatesSupreme Court of the United States · 1884
  4. Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
  5. Sheffield & Birmingham Coal, Iron & Railway Co. v. GordonSupreme Court of the United States · 1894

3Cited by78 opinions

  1. United States v. MoormanSupreme Court of the United States · 1950
  2. State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
  3. Fanderlik-Locke Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1960
  4. Jefferson Hotel Co. v. BrumbaughCourt of Appeals for the Fourth Circuit · 1909
  5. Old Colony Insurance Company v. City of QuitmanTexas Supreme Court · 1961

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