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Meyer Vs. Richards
Cites for this judgment
- US Supreme Court
- May 25, 1896
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U.S. 385 (1896) U.S. Supreme Court Meyer v. RichardsSearch
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U.S. 385 (1896) Meyer v. RichardsSearch
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of sale, and is therefore implied in every such contract unless there be an express stipulation to the contrary. Bayon v. VavasseurSearch
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Strawbridge v. WarfieldSearch
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existing obligation. This proposition is an obvious contradiction in terms, and, of course, refutes itself. In Knight v. LanfearSearch
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erased, the court held that the seller was bound to return the price. In Pugh v. MooreSearch
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his transferee to take the entire amount of the security to the extent necessary to pay the notes transferred. Salzman v. CreditorsSearch
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and the adjudications of the French courts are persuasive as to the proper construction of the Louisiana Code. Viterbo v. FriedlanderSearch
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Aubrey & Rau, vol. 5, p. 442. The courts of France from an early day have applied the same principle. In Prat v. DervieuxSearch
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claim at the time of the sale compelled the seller to restore the price. Journal Du Palais, 1807, p. 311. In Revel v. LippmanSearch
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where the parties buy, not an existing obligation, but the chance of there being one. This is illustrated by Knight v. LanfearSearch
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of the proposition relating to the operation of the law merchant, in the State of Louisiana, is well founded. Harrod v. LafayreSearch
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Wagner v. KennerSearch
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Barry v. InsuranceSearch
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McDonough v. MillaudonSearch
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Page 163 U. S. 404 upon the vendor is that of the genuineness of the signatures to the paper sold. In Pugh v. MooreSearch
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the provisions of the Civil Code of Louisiana, and like rulings were previously expressed in Sun Mutual Insurance Co. v. BoardSearch
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of Liquidation, 31 La.Ann. 176, and in State v. BoardSearch
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law, not upon any peculiar doctrine of commercial law, that the cases in the common law courts proceed. Thus, in Jones v. RydeSearch
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endorsement, the negotiator professes not to be answerable for their validity. This question was much mooted in Fenn v. HarrisonSearch
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In Wilkinson v. JohnsonSearch
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He was held entitled to recover upon the general doctrine of the common law relating to contracts. In Young v. ColeSearch
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although there was no question of forgery or alteration, upon the common law principle already stated. Lament v. HeathSearch
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sale and purchase of negotiable paper without recourse, since the scrip in question was nonnegotiable. In Gompertz v. BartlettSearch
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In Gurney v. WomersleySearch
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which the thought is clothed, the American and English courts are in full accord. This is shown by the case of Utley v. DonaldsonSearch
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U. S. 29 , 94 U. S. 45 , where Benjamin on Sales is approvingly referred to, as also Flynn v. AllenSearch
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Penn.St. 482, and Webb v. OdellSearch
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is claimed to be controlled other than by the general principles of the common law, though in three cases -- Baxter v. DurenSearch
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Me. 140, Fisher v. RiemanSearch
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Md. 497, and Ellis v. WildSearch
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the principle of caveat emptor, no implied warranty even that the signatures to the paper were not forged. Ellis v. WildSearch
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was, however, expressly overruled in Merriam v. WolcottSearch
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Allen 258, 260, and from the allusions to Baxter v. DurenSearch
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by limiting it to nonexistence resulting from a particular nullity. There is an exceptional case, Littauer v. GoldmanSearch
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in New York, and the decision is strongly criticized by the Court of Errors and Appeals of New Jersey in Wood v. SheldonSearch
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N.J.L. 421, 425. In Giffert v. WestSearch
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as a condition of the principal contract, to an implied warranty of the existence of the thing sold. In Hannum v. RichardsonSearch
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Nor is there any foundation for the assertion that Otis v. CullumSearch
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U. S. 447 , and the cases of Orleans v. PlattSearch
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U. S. 676 , and Aetna Life Ins. Co. v. MiddleportSearch
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U. S. 534 , both of which cite Otis v. CullumSearch
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ordinary rule of the common law. On the contrary, that case expressly rested its conclusion on the decision in Lament v. HeathSearch
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involved no question of the scope of the warranty, but solely what was the thing bought. Nor does the case of Otis v. CullumSearch
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of want of power, and therefore would be both presumed to have acted with reference to such knowledge. This is Otis v. CullumSearch
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The distinction pointed out by the foregoing statement not only illustrates the correctness of the decision in Otis v. CullumSearch
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to extend it to the state of facts presented in the case under consideration. Indeed, in examining and applying Otis v. CullumSearch
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