Sturm v. Boker
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THiS UNITED STATES FOR THE DISTRICT OF INDIANA. The court stated the case as follows: This suit, as originally instituted, was an action at law by the appellant- in the Superior Court of Marion County, Indiana, against the defendants, to recover the sum of $238,000, with interest thereon, which sum, the plaintiff alleged, they were indebted to him.
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APPEAL FROM THE CIRCUIT COURT OF THiS UNITED STATES FOR THE DISTRICT OF INDIANA. The court stated the case as follows: This suit, as originally instituted, was an action at law by the appellant- in the Superior Court of Marion County, Indiana, against the defendants, to recover the sum of $238,000, with interest thereon, which sum, the plaintiff alleged, they were indebted to him. The defendants, being citizens of New York, removed the cause to the Circuit Court of the United States, and, as the claim involved various matters of account, running through a period of several years, the court,…
1Opinion of the CourtJustice Jackson
It is too clear for discussion or the citation of authorities, that the contract was not a sale of the goods by the defendants to Sturm. The terms and conditions under which the goods were delivered to him import only a consignmeftt. The words “consign” and “consigned” employed in the letters were used in their commercial sense, which meant that the property was committed or entrusted to Sturm for care or sale, and did not by any express or fair implication mean the sale by the one or purchase by the other. The words, “Mr. II. Sturm in joint account with Hermann Boker & Co.,” or “Bought of…
2Cases cited19 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Cragin v. PowellSupreme Court of the United States · 1888
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Hooper v. RobinsonSupreme Court of the United States · 1879
- Higgins v. McCreaSupreme Court of the United States · 1886
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3Cited by280 opinions
- Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Pharmasterm Therapeutics, Inc. v. Viacell, Inc.Court of Appeals for the Federal Circuit · 2007
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- The BarnstableSupreme Court of the United States · 1901
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