Semidey v. Izquierdo
District Court, D. Puerto Rico
Statement of Facts. Tbe bill in tbis case was filed July 31, 1917, and a temporary restraining order was issued thereon. The bill, which is sworn to, alleges that plaintiff on hi arch 15, 1917, contracted with the defendants for the purchase of 6,000 jute coffee bags at twenty-six and a half pence to be delivered about July, 1917, and on April 27, 1917, paid $3,000 on account of the purchase.
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Statement of Facts. Tbe bill in tbis case was filed July 31, 1917, and a temporary restraining order was issued thereon. The bill, which is sworn to, alleges that plaintiff on hi arch 15, 1917, contracted with the defendants for the purchase of 6,000 jute coffee bags at twenty-six and a half pence to be delivered about July, 1917, and on April 27, 1917, paid $3,000 on account of the purchase. The bags arrived in Porto Bico about July 25, but defendants refuse to deliver them, and intend to dispose of said bags otherwise. That unless these jute bags can be secured plaintiff will lose the…
1Opinion of the Court
HamiltoN, Judge, delivered tbe following opinion:
1. There is no great dispute as to the facts of tbe case. Tbe difference is more as to tbe interpretation of tbe facts and construction to be placed upon tbe acts and letters of the parties. The evidence was allowed to take a large range, and technical objections to testimony -were not sustained. A verified bill may be used as an affidavit. Kankakee v. American Water Supply Co. 118 C. C. A. 195, 199 Fed. 757, 758. And the same is true of answers. Eebutting affidavits are not generally allowed. Benbow-Brammer Co. v. Simpson Mfg. Co. 132 Fed.…
2Cases cited8 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Young v. GrundySupreme Court of the United States · 1810
- Casey v. Cincinnati Typographical Union No. 3U.S. Circuit Court for the District of Southern Ohio · 1891
- Indianapolis Gas Co. v. City of IndianapolisU.S. Circuit Court for the District of Indiana · 1897
- Benbow-Brammer Mfg. Co. v. Simpson Mfg. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1904
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