Lincoln v. Orthwein
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. July 19, 1899, plaintiff filed his petition in the civil district court for the parish of Orleans. Therein he represented that on September 30, 1898, he entered into a written contract with Ohas.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. July 19, 1899, plaintiff filed his petition in the civil district court for the parish of Orleans. Therein he represented that on September 30, 1898, he entered into a written contract with Ohas. F. Orthwein & Sons to have and to perform all the stevedore work, loading and discharging vessels at the port of Orleans consigned to and chartered by them, in all cases where that work was controlled by them, and especially of certain lines of vessels named in the contract; that the contract was to begin on…
1Opinion of the CourtMcCORMICK, Circuit Judge
The first and the second of the errors assigned are substantially one, to the effect that the court erred in directing the jury to find a verdict for the .defendants. The other was not argued, and will not be considered. The contract which is the basis of this action provides that one of the parties thereto shall furnish to the other designated employment, and that the other shall furnish designated services at stipulated prices therefor; the mutual transactions contemplated by it to begin on the ist of October, 1898, and to continue for a period of 12 months thereafter. In the nature of the…
2Cases cited2 opinions
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Burwell v. CawoodSupreme Court of the United States · 1844
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- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- President and Directors of Manhattan Co. v. KelbyCourt of Appeals for the Second Circuit · 1945
- Allen v. FieldCourt of Appeals for the Second Circuit · 1904
- Gaess v. GaessSupreme Court of Connecticut · 1945
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