Millie Iron Mining Co. v. McKinney
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Jurisdiction in this case rests upon admitted diversity 4of citizenship. The cause came to trial before the court and a jury. At the close of the evidence offered by both sides, tlie court, on motion of defendant, directed a verdict to be returned in his favor. Motion for new trial being overruled and judgment entered on tlie verdict, the cause was brought here upon proceedings in error.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. Jurisdiction in this case rests upon admitted diversity 4of citizenship. The cause came to trial before the court and a jury. At the close of the evidence offered by both sides, tlie court, on motion of defendant, directed a verdict to be returned in his favor. Motion for new trial being overruled and judgment entered on tlie verdict, the cause was brought here upon proceedings in error. The action grew out of an agreement in writing consisting of two papers, each dated March 2, 1894. It is alleged: That…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The assignments of error may be disposed of under the inquiry: Does the judgment in the former case operate as an estoppel against recovery in the present action?
The cause of action in each case was based upon the same instruments, and it was sought in each to recover the difference between the price received for the ore and the price alleged to be its true value, less charges and expenses. But the present action is upon the agreement as it was written; it is against Price McKinney as principal. The former action was not upon the contract as it was written.…
2Cases cited22 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
- Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907
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3Cited by1 opinion
- United States v. NaldrettDistrict Court, W.D. Michigan · 1914