Iberville Planting & Mfg. Co. v. Monongahela Coal Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. The Monongahela Coal Company brought suit on the law side in the court. below for the recovery of the balance due upon two promissory notes made by one A. V. Robertson, for the price of two boat loads of coal sold 'and delivered at his Grand Bay Plantation, in the state of Louisiana, and used in the manufacture of sugar and molasses produced from cane grown upon said plantation in the…
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. The Monongahela Coal Company brought suit on the law side in the court. below for the recovery of the balance due upon two promissory notes made by one A. V. Robertson, for the price of two boat loads of coal sold 'and delivered at his Grand Bay Plantation, in the state of Louisiana, and used in the manufacture of sugar and molasses produced from cane grown upon said plantation in the year 1898. The amount sued for was $4,430.18, with interest from July 14, 1898, at the rate of 6 per cent, per annum…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). This is a suit involving the recognition and marshaling of privileges, and should have been prosecuted on the equity side of the court and for review brought here by appeal instead of writ of error; but as the parties made no objection in the court below and make none here, and as procedure in the case was made possible by waiver of the jury, we will pass upon the case as made by the parlies in the court below. But see Gravenberg v. Laws, 100 Fed. 1, 40 C. C. A. 240.
We have deemed it advisable to give the full finding of facts by the trial judge to show the…
2Cases cited9 opinions
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Zeigler v. His CreditorsSupreme Court of Louisiana · 1896
- National Bank of Commerce v. SullivanSupreme Court of Louisiana · 1906
- C. H. Minge & Co. v. BarbreSupreme Court of Louisiana · 1899
- Saloy v. DragonSupreme Court of Louisiana · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Laurent v. AndersonCourt of Appeals for the Sixth Circuit · 1934
- McNary v. Guaranty Trust Co.District Court, N.D. Ohio · 1934
- De Blanc v. Aloha Airport Express, LLCDistrict Court, D. Nevada · 2019
- Mohamed Husen Ahmed, et al. v. United States Department of State, et al.District Court, W.D. Washington · 2026
- Tripati v. Corizon IncorporatedDistrict Court, D. Arizona · 2020