York Mfg. Co. v. Rothwell
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. This action was brought to recover the amount alleged to be due on two promissory notes delivered to the plaintiff by Rothwell, the defendant in error, and John Lovett, as joint makers,—one for the sum of $2,000, and dated February 23, 1899, and one for $1,000, dated March 27, 1899, and due respectively in 90 days from date.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. This action was brought to recover the amount alleged to be due on two promissory notes delivered to the plaintiff by Rothwell, the defendant in error, and John Lovett, as joint makers,—one for the sum of $2,000, and dated February 23, 1899, and one for $1,000, dated March 27, 1899, and due respectively in 90 days from date. Service of process was made upon Rothwell, but Lovett was not served. Rothwell appeared and answered, admitting the making and delivery of the notes, and filed a counterclaim (called in…
1Opinion of the CourtSeverens, Circuit Judge
There are a great number of assignments of error, but counsel for the plaintiff have simplified the points for review by substantially limiting the discussion to the first three, which are as follows:
“(1) The court erred in overruling the plaintiff’s objection to admission of any evidence in support of the defendant’s answer and counterclaim. (2) In overruling the plaintiff’s motion, made at the close of the evidence offered in chief by the defendant, to direct the jury to return a verdict in favor of the plaintiff, and in overruling the said motion when the same was again renewed at the…
2Cases cited18 opinions
- Winder v. CaldwellSupreme Court of the United States · 1853
- Railroad Co. v. SmithSupreme Court of the United States · 1874
- Gray v. RolloSupreme Court of the United States · 1874
- M'Hardy v. WadsworthMichigan Supreme Court · 1860
- Sullivan v. NicoulinSupreme Court of Iowa · 1901
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3Cited by3 opinions
- Skud v. TillinghastCourt of Appeals for the Sixth Circuit · 1912
- Fox Chase Knitting Mills, Inc. v. HandalAppellate Division of the Supreme Court of the State of New York · 1931
- Alpaugh v. BattlesAppellate Division of the Supreme Court of the State of New York · 1932