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Bibb Vs. Allen
Cites for this judgment
- US Supreme Court
- May 10, 1893
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U.S. 481 (1893) U.S. Supreme Court Bibb v. AllenSearch
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U.S. 481 (1893) Bibb v. AllenSearch
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amount was properly entered against B., a substantial cause of action having been established. The case of Irwin v. WilliarSearch
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commission which issued was not material, and furnished no valid ground for the suppression of the deposition. Keene v. MeadeSearch
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to retake Page 149 U. S. 489 the testimony or correct defects in the taking of the deposition. Howard v. StillwellSearch
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U. S. 199 , 139 U. S. 205 , and cases cited. The same rule of practice prevails in Alabama. De Vendal v. MaloneSearch
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Birmingham & Union Ry. Co. v. AlexanderSearch
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out on the part of the plaintiffs in the mode and according to the methods contemplated by the parties. Peabody v. SpeyersSearch
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Nickalls v. MerrySearch
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regarded as particeps criminis, which precludes him from the recovery of either commissions or advances. Irwin v. WilliarSearch
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of proof is upon the party who seeks to impeach such transactions by showing affirmatively their illegality. Roundtree v. SmithSearch
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Dykers v. TownsendSearch
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the purchasers of the cotton, to meet the requirements Page 149 U. S. 496 of the statute of frauds. Peabody v. SpeyersSearch
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Newberry v. WallSearch
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Ryan v. UnitedSearch
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Goom v. AflaloSearch
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Sievewright v. ArchibaldSearch
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Thompson v. GardinerSearch
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C.P.D. 777. Such too is the rule in New York, as shown by the earlier cases of Peltier v. CollinsSearch
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Davis v. ShieldsSearch
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by the authorities that the defense of the statute of frauds cannot be set up against an executed contract. Dodge v. CrandallSearch
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Brown v. Farmers'Search
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Madden v. FloydSearch
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Gordon v. TweedySearch
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Newman v. NellisSearch
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or to reimbursement for his outlays after the execution of contracts merely voidable for want of writing. Coward v. ClantonSearch
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Morrill v. ColehourSearch
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and cases cited in notes. Thus, in Beach v. BranchSearch
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him for such losses or expenditures as may become necessary or may result from the performance of his agency. Bayley v. WilkinsSearch
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Smith v. LindoSearch
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and rely upon the common counts. In either case, the contract will determine the rights of the parties. Dermont v. JonesSearch
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a direct application to the case under consideration upon the facts disclosed by the record. The decision in Irwin v. WilliarSearch
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which the suit was brought. Under these facts, which are uncontroverted, it is clear that the rule laid down in Irwin v. WilliarSearch
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has no application to this case. In the case of Perin v. ParkerSearch
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S. Bibb alone. In support of this objection to the judgment against him, counsel for Bibb rely upon the case of Walker v. MobileSearch
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Bibb did not state any ground on which he rested the objection. But whatever may be said of the case of Walker v. MobileSearch
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cannot defeat a right to recover against the other, who did business alone in the firm name. In the case of Clark v. JonesSearch
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Duramus v. HarrisonSearch
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Hall v. CookSearch
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Ala. 87. In Smith v. StraubSearch
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In Rutenberg v. MainSearch
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those who the proof showed had joined in the contract, while the others should have judgment in their favor. Gillam v. SigmanSearch
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Gruhn v. StanleySearch
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U.S. Supreme Court Bibb v. AllenSearch
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