Javierre v. Central Altagracia
Supreme Court of the United States
APPEAL FROM THE -DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO.- The facts are stated in the opinion. The burden of showing that the Central Eureka referred .to in the contract was not the project known as the Swiio Eureka Central was -not on the defendants below but such ’burden as to the identity of the projected Central Eureka referred to was on the plaintiffs below.- 1 There was not, nor is there now, any presumption that the Central Eureka referred to was the Swift…
Read the full summary
APPEAL FROM THE -DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO.- The facts are stated in the opinion. The burden of showing that the Central Eureka referred .to in the contract was not the project known as the Swiio Eureka Central was -not on the defendants below but such ’burden as to the identity of the projected Central Eureka referred to was on the plaintiffs below.- 1 There was not, nor is there now, any presumption that the Central Eureka referred to was the Swift project.' The burden of proof of a fact is upon him who asserts it. Complainants (defendants in error here) allege,'and…
1Opinion of the CourtJustice Holmes
This is an appeal from a decree enjoining the appellants from delivering sugar cane grown on the haciendas Floren- ■ tina and Estero to the'Central Eureka for the term of'five’ crops, beginning with the crop of the year 1906-7, or so' long within' that term as the appellee is ready to grind and pay for the same; and also from ‘selling, donating, renting or mortgaging said haciendas’ without- stipulating for the' carrying out of a contract made with the appellee. The"con-- ■ tract referred to bound the appellants to have the cane grown on the two' haciendas ground, at the sugar factory of the…
2Cases cited5 opinions
- United States v. CookSupreme Court of the United States · 1872
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- United States v. DicksonSupreme Court of the United States · 1841
- Ryan v. CarterSupreme Court of the United States · 1876
3Cited by60 opinions
- Federal Trade Commission v. Morton Salt Co.Supreme Court of the United States · 1948
- McKelvey v. United StatesSupreme Court of the United States · 1922
- Meacham v. Knolls Atomic Power LaboratorySupreme Court of the United States · 2008
- Freshta Nayab v. Capital One Bank (Usa), NaCourt of Appeals for the Ninth Circuit · 2019
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
55 more not listed; retrieve them via the Exa API.