Kellogg-Mackay Co. v. Havre Hotel Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. Action by the Kellogg-Mackay Company, a corporation, against the Havre Hotel Company and others. Judgment for defendants, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the District of Montana. Action by the Kellogg-Mackay Company, a corporation, against the Havre Hotel Company and others. Judgment for defendants, and plaintiff brings error. The complaint contains the usual allegations of the incorporation of the Havre Hotel Company, of the Broadwater-Pepin Company, and of the co-partnership of Simon Pepin and E. T. Broadwater; the .defendants E. T. Broadwater and E. C. Carruth being sued in their individual capacity. It is further alleged that prior to November 7, 1904, the Havre Hotel Company entered…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The question for consideration is whether the trial court erred, first, in granting a nonsuit in favor of all the defendants except the Broad-water-Pepin Company, the corporation; and, second, in directing a verdict for the said Broadwater-Pepin Company. There can scarcely be a question that as to all the defendants, except the Havre Hotel Company, the nonsuit was properly granted. No evidence was adduced to show that either the Broadwater-Pepin Company, a copart*732nership, or E. T. Broadwater or E. C. Carruth, individually, signed the letter of November 7,…
2Cases cited23 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
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- Lewis v. Fifth-Third National Bank of CincinnatiCourt of Appeals for the Sixth Circuit · 1921