Lyon v. Bertram
Supreme Court of the United States
This case was brought up, by writ of error, from the Circuit Court of the United States- for the district of California. The facts are particularly stated in the opinion of the court.
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This case was brought up, by writ of error, from the Circuit Court of the United States- for the district of California. The facts are particularly stated in the opinion of the court. The counsel for the plaintiff in error, after stating their objections-to the pleadings in the case, and also those which were founded on the statute of limitations in California, contended that this was not an entire contract for the purchase of the whole cargo, but only for so much of it as was branded Haxall; that the description of the quality was material; that Lyon, if had chosen, could have declined to…
1Opinion of the CourtJustice Campbell
This suit was commenced by the defendants in error, to recover the price for- a cargo of flour, bargained and sold to the plaintiff in error, in the city of San Francisco. The judgment of the Circuit Court was rendered upon a special verdict in favor of the plaintiffs in that court. The verdict finds that on the 13th January, 1853, the plaintiffs, and Flint, Peabody, & Co., were, jointly, the owners of a .cargo of flour, consisting of two thousand barrels, branded, and which were in fact Gallego, then being on the barque Ork, lying at a public wharf in San Francisco, and composing its entire,…
2Cases cited2 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Kase v. JohnSupreme Court of Pennsylvania · 1840
3Cited by43 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Pope v. AllisSupreme Court of the United States · 1885
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Dushane v. BenedictSupreme Court of the United States · 1887
- Federal Housing Finance Agency v. Nomura Holding America, Inc.Court of Appeals for the Second Circuit · 2017
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