Legal Opinion

Cherry Valley Iron Works v. Florence Iron River Co.

Court of Appeals for the Sixth Circuit

Decided October 29, 1894No. 153PublishedCited by 27 opinions

In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. This was an action by the Cherry Valley Iron Works against the Florence Iron River Company. Defendant had judgment, and plaintiff brings error.

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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. This was an action by the Cherry Valley Iron Works against the Florence Iron River Company. Defendant had judgment, and plaintiff brings error. This action was brought by the plaintiff in error to recover a sum o£ money claimed to be due from the defendant by reason of an overpayment made by the plaintiff upon a contract of sale between the defendant, as seller, and the plaintiff, as buyer, of a quantity of ore from the defendant’s mines. The contract was in writing, bearing date…

1Opinion of the Court

Having .stated the case sis above,

-BEVEIiENE, District Judge,

delivered the opinion of the court.

Although the record in this case presents the objections and exceptions of the plaintiff in the court below in a crude and rather defective form, we think they are sufficient; to require us to review the principal questions involved in the determination of the correctness of the judgment, and, as their sufficiency for that purpose has not. been controverted by the defendant, we shall not go into that subject for discussion in detail.

In order to proceed i:o a right conclusion upon the matters in…

2Cases cited5 opinions

  1. Norrington v. WrightSupreme Court of the United States · 1885
  2. Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
  3. Hubbardston Lumber Co. v. BatesMichigan Supreme Court · 1875
  4. Brownlee v. BoltonMichigan Supreme Court · 1880
  5. Keller v. . StrasburgerNew York Court of Appeals · 1882

3Cited by27 opinions

  1. Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
  2. McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895
  3. Hayes v. City of NashvilleCourt of Appeals for the Sixth Circuit · 1897
  4. Finlay v. SwirskySupreme Court of Connecticut · 1923
  5. Friedman v. KatznerCourt of Appeals of Maryland · 1921

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