A. C. & A. B. Treadwell & Co. v. Anglo-American Packing Co.
United States Circuit Court
These two cases were heard together, but only so much of the charge of the court and the facts relating to the points of law that were disputed by counsel are reported here. In October, 1880, the Treadwells purchased through a broker, at Memphis, one car load of meat, from the Anglo-American Packing & Provision Company, which, according to the memorandum of contract, was to he “cured meat,” to be delivered at Atchison, Kansas, “free on hoard,” freight not more that 42 cents.
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These two cases were heard together, but only so much of the charge of the court and the facts relating to the points of law that were disputed by counsel are reported here. In October, 1880, the Treadwells purchased through a broker, at Memphis, one car load of meat, from the Anglo-American Packing & Provision Company, which, according to the memorandum of contract, was to he “cured meat,” to be delivered at Atchison, Kansas, “free on hoard,” freight not more that 42 cents. The bill of lading was to the order of the Anglo-American Company, indorsed “Deliver, to A. B. & A. C. Treadwell &…
1Opinion of the Court
Hammond, D. J.,
(charging jury.) The agreement contemplated “cured meat.” The meaning of this term is to he interpreted by you according to the understanding of the trade at Memphis, if there be any difference between that term as it is used there and at Atchison, Kansas. The agreement was made at Memphis between a purchaser and a broker acting as the agent of the seller, although he may have been the agent of both parties. The meat was to be used in the Memphis market, and I think there can be no doubt that it was to be “cured” according to the understanding of the parties at Memphis. fBut if…
2Cases cited3 opinions
- The MerrimackSupreme Court of the United States · 1814
- The St. Joze IndianoSupreme Court of the United States · 1816
- The FrancesSupreme Court of the United States · 1815
3Cited by3 opinions
- George F. Hinrichs, Inc. v. Standard Trust & Savings BankCourt of Appeals for the Second Circuit · 1922
- Schreiber v. AndrewsCourt of Appeals for the Eighth Circuit · 1900
- Andrews v. SchreiberU.S. Circuit Court for the District of Western Missouri · 1899