Legal Opinion

Aultman, Miller & Co. v. Holder

U.S. Circuit Court for the District of Eastern Michigan

Decided May 13, 1895No. 8,044PublishedCited by 1 opinion

This was an action of assumpsit by Aultman, Miller & Co. against William Holder. The case was submitted to the court, without a jury, upon an agreed statement of facts. Judgment for plaintiff.

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This was an action of assumpsit by Aultman, Miller & Co. against William Holder. The case was submitted to the court, without a jury, upon an agreed statement of facts. Judgment for plaintiff. The plaintiff is a corporation organized under the laws of the state of Ohio, and is engaged in the business of manufacturing agricultural implements at Akron, in that state, and sells reapers and mowers in Michigan, through local agents at different places, who sell on commission for the company, and as its agents. A written contract is entered into between the company and the agent similar in form to…

1Opinion of the Court

SWAN, District Judge.

The questions arising in this case have been argued with great learning and ability by counsel, and, although the discussion has taken a wide range, it has left for determi-na tion but two inquiries: (1) Was the contract sued upon made in this state? (2) Is the statute upon which the defense is founded a regula tion of commerce obnoxious to the constitutional grant of the power over that subject conferred upon congress?

In regard to the first of these questions, it will he noticed that the provision of the statute upon which reliance is had for the avoidance of the…

2Cases cited7 opinions

  1. Crutcher v. KentuckySupreme Court of the United States · 1891
  2. Brennan v. TitusvilleSupreme Court of the United States · 1894
  3. Covington & Cincinnati Bridge Co. v. KentuckySupreme Court of the United States · 1894
  4. Coit & Co. v. SuttonMichigan Supreme Court · 1894
  5. United States v. CraigU.S. Circuit Court for the District of Eastern Michigan · 1886

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3Cited by1 opinion

  1. CIT Corporation v. SandersonDistrict Court, D. Idaho · 1930

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