Passaic Print Works v. Ely & Walker Dry-Goods Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. This case was determined below on a demurrer to the plaintiff’s petition, which was sustained, and a final judgment was entered against the Passaic Print Works, the plaintiff below, it having declined to plead further.
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In Error to the Circuit Court of the United States for the Eastern District of Missouri. This case was determined below on a demurrer to the plaintiff’s petition, which was sustained, and a final judgment was entered against the Passaic Print Works, the plaintiff below, it having declined to plead further. The plaintiff’s petition contained the following allegations: That the plaintiff was a corporation organized under the laws of the state of New Jersey, and engaged in the manufacture of prints or calicoes at Passaic, in that state. That prior to February 25, 1899, it had been engaged for…
1Opinion of the CourtThayer, Circuit Judge
The complaint filed in the lower court, the substance of which has been stated, shows by necessary intendment that when the circular of the defendant company was issued it had in stock a limited quantity of the four brands of calico of the plaintiff’s manufacture which are therein described. The circular stated, in substance, that the defendant had such calicoes in stock, and the complaint did not deny that fact, but admitted it by averring that “the defendant corporatino had but a small quantity of such goods to sell, and for that fea- *166. son qualified its offer to sell by inserting in the…
2Cases cited1 opinion
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
3Cited by18 opinions
- Imperial Ice Co. v. RossierCalifornia Supreme Court · 1941
- Tuttle v. BuckSupreme Court of Minnesota · 1909
- Schonwald v. RagainsSupreme Court of Oklahoma · 1912
- Katz v. KapperCalifornia Court of Appeal · 1935
- Viavi Co. v. Vimedia Co.Court of Appeals for the Eighth Circuit · 1917
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