Coweta Fertilizer Co. v. Brown
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is a bill to hare an accounting and to enforce a lien upon or trust in the proceeds of the sale of some hundreds of sacks of fertilizer.
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Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is a bill to hare an accounting and to enforce a lien upon or trust in the proceeds of the sale of some hundreds of sacks of fertilizer. The bill shows that on June 27, 1901, the C’oweta Fertilizer Company, a corporation of the state of Georgia, and having its factory and office within that state, entered into a written contract with the defendant, a citizen of the state of Tennessee, whereby it agreed “to furnish” to Brown, “for sale” by him, certain amounts and kinds of fertilizers specifically…
1Opinion of the CourtBurton, Circuit Judge
(after stating the facts as above). 1. The concession of learned counsel for both parties is that the contract under which Brown received the goods' of the Coweta Company was one of sale, and not one of bailment. All of the rights and risks of ownership pertained to the buyer. There was an attempt to retain the title until the goods were paid for, but this, if valid under the public policy of Tennessee (see Star Manufacturing Co. v. Nordeman et al., 118 Tenn. 384, 100 S. W. 93), was only for the purpose of security. The goods were bought to be resold. When a sale occurred, assuming the title…
2Cases cited11 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Walker v. BrownSupreme Court of the United States · 1897
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Heryford v. DavisSupreme Court of the United States · 1880
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3Cited by8 opinions
- United States v. HeinzeDistrict Court, S.D. New York · 1910
- John Deere Plow Co. v. MowryCourt of Appeals for the Sixth Circuit · 1915
- Mitchell Wagon Co. v. PooleCourt of Appeals for the Sixth Circuit · 1916
- Reliance Shoe Co. v. ManlyDistrict Court, D. Maryland · 1927
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Court of Appeals for the Sixth Circuit · 1908
3 more not listed; retrieve them via the Exa API.