Legal Opinion

Titus & Scudder v. Cairo & Fulton Railroad

Supreme Court of New Jersey

Decided November 15, 1884PublishedCited by 2 opinions

This action was brought to recover damages for the failure to deliver bonds of the Cairo and Fulton Railroad Company. Titus & Scudder negotiated, in the winter of 1867-68, with one Columbus B. Guthrie, for the purchase of twenty-five of the company’s bonds of $1000 each for the sum of $5000. The bonds not having been delivered on demand, Titus & Scudder sued the company for damages for non-delivery.

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This action was brought to recover damages for the failure to deliver bonds of the Cairo and Fulton Railroad Company. Titus & Scudder negotiated, in the winter of 1867-68, with one Columbus B. Guthrie, for the purchase of twenty-five of the company’s bonds of $1000 each for the sum of $5000. The bonds not having been delivered on demand, Titus & Scudder sued the company for damages for non-delivery. The company, on the 20th of June, 1867, entered into a contract with Joseph C. Potts and Columbus B. Guthrie, known by the firm name of Joseph C. Potts & Co., for the construction of its railroad…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

That Titus & Scudder concluded a contract for the purchase of the company’s bonds to the amount named is not disputed. The contract was made with Guthrie, and the point of contestation is whether the contract of purchase was upon terms expressed in the agreement in writing signed by Guthrie and dated February 15th, 1868, and in the two orders and acceptances of the dates respectively of April 6th and June 1st, 1868, or whether the purchase was under a contract made by Guthrie as agent of the company for an unconditional sale and delivery of…

2Cases cited2 opinions

  1. Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
  2. Lewis v. IngersollNew York Court of Appeals · 1864

3Cited by2 opinions

  1. Mesce v. Automobile Association of New JerseyNew Jersey Superior Court Appellate Division · 1950
  2. Siciliano v. United StatesDistrict Court, D. New Jersey · 1949

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