Drakely v. Gregg
Supreme Court of the United States
In error to the Circuit Court of tbe United States for the District of Maryland. The controversy grew out of the last of three shipments of pork products, in January, 1865, to Drakely & Fenton, of Baltirñore, by McCabe & Co., of Chicago. Drakely & Fen-ton had agreed to receive, on consignment, from McCabe & Co., hams, shoulders, prime.and new pork; to sell the property at the highest market price, and to advance, on each shipment, at certain specified rates.
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In error to the Circuit Court of tbe United States for the District of Maryland. The controversy grew out of the last of three shipments of pork products, in January, 1865, to Drakely & Fenton, of Baltirñore, by McCabe & Co., of Chicago. Drakely & Fen-ton had agreed to receive, on consignment, from McCabe & Co., hams, shoulders, prime.and new pork; to sell the property at the highest market price, and to advance, on each shipment, at certain specified rates. In pursuance of this understanding, McCabe & Co. made two shipments, one of barrelled meat, and the other of shoulders, in tierces, on…
1Opinion of the CourtJustice Davis
The correctness of the charge of the court to the jury, and the refusal of the court to charge as requested, present the only questions in this case which we are required to consider.
The plaintiffs in error, who were the defendants below, insist that they are injured by the action of the court in not allowing their defence to go to the jury. Their position is, that the evidence in the case proved their defence, or, at least, tended to prove it; and if it did, it was the province of the jury, and not of the court, to say what effect should be given to it.
It is not denied, that in the dealings…
2Cited by22 opinions
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- Schneck v. City of JeffersonvilleIndiana Supreme Court · 1898
- Compania Bilbaina De Navegacion, De Bilbao v. Spanish-American Light & Power Co.Supreme Court of the United States · 1892
- Cunningham v. Union Pacific Railway Co.Utah Supreme Court · 1885
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