Us Supreme Court Court January 1865 Judgments
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Merriam Vs. Haas
Court: US Supreme Court
Decided on: Jan-23-1865
Merriam v. Haas - 154 U.S. 542 (1865) U.S. Supreme Court Merriam v. Haas, 154 U.S. 542 (1865) Merriam v. Haas No. 77 Argued and submitted December 23, 1864 Decided January 23, 1865 154 U.S. 542 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA Syllabus A loan was negotiated through a banker, who received the money from the lender and failed before the borrower called for it. Held, on the facts disclosed by the proof, that he held it as the agent of the borrower. The case is stated in the opinion. MR. JUSTICE MILLER delivered the opinion of the Court. This is a suit to foreclose a mortgage for six thousand dollars, given to secure a loan of money. It is conceded that at the time the mortgage was executed and delivered, only four thousand dollars of the loan were received by defendant, it being stipulated that the remaining two thousand dollars were to be advanced when defendant should finish a building on the lot conveyed by the mortgage ...
Castro Vs. United States
Court: US Supreme Court
Decided on: 1865
Castro v. United States - 70 U.S. 46 (1865) U.S. Supreme Court Castro v. United States, 70 U.S. 3 Wall. 46 46 (1865) Castro v. United States 70 U.S. (3 Wall.) 46 ERROR TO THE DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus 1. Appeals from the district courts of California, under the act of 3 March, 1851 -- which, while giving an appeal from them to this Court, makes no provision concerning returns here, and none concerning citations, and which does not impose any limitation of time within which the appeal may be allowed -- are subject to the general regulations of the Judiciary Acts of 1789 and 1803, as construed by this Court. Hence the allowance of the appeal, together with a copy of the record and the citation, when a citation is required, must be returned to the next term of this Court after the appeal is allowed. Page 70 U. S. 47 2. An appeal allowed or writ of error issued must be prosecuted to the nest succeeding term; otherwise it will become void. ...
Sheboygan Co. Vs. Parker
Court: US Supreme Court
Decided on: 1865
Sheboygan Co. v. Parker - 70 U.S. 93 (1865) U.S. Supreme Court Sheboygan Co. v. Parker, 70 U.S. 3 Wall. 93 93 (1865) Sheboygan Co. v. Parker 70 U.S. (3 Wall.) 93 ERROR TO THE CIRCUIT COURT OF WISCONSIN Syllabus 1. A county "officer" is one by whom the county performs its usual political functions or offices of government; who exercises continuously, and as a part of the regular and permanent administration of government, its public powers, trusts, or duties. A fixed number of persons, specially and by name appointed by the legislature to act as a board of commissioners, in a matter about which, though relating immediately to the county, county officers, in the exercise of their general powers as such, and without special authority from the legislature, have not authority to act, are not county "officers." 2. Hence, when special authority was given by the legislature to the people of a county to say whether or not they would subscribe to a railroad and bind themselves to pay f...
Fennerstein's Champagne
Court: US Supreme Court
Decided on: 1865
Fennerstein's Champagne - 70 U.S. 145 (1865) U.S. Supreme Court Fennerstein's Champagne, 70 U.S. 3 Wall. 145 145 (1865) Fennerstein's Champagne 70 U.S. (3 Wall.) 145 ERROR TO THE DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus In order to show the actual market value of articles of merchandise at a particular place in a foreign country, letters by third parties abroad to other third parties offering to sell at such rates -- if written in ordinary course of the business of the party writing them and contemporaneously with the transaction which is the subject of the suit -- are admissible as evidence, even though neither the writers nor the recipients of the letters are in any way connected with the subject of the suit and though there is no proof that the writers of the letters are dead. On a libel of information and seizure in the District Court for the Northern District of California, the question was whether certain champagne wines made at Rheims, in France,...
The Convoy's Wheat
Court: US Supreme Court
Decided on: 1865
The Convoy's Wheat - 70 U.S. 225 (1865) U.S. Supreme Court The Convoy's Wheat, 70 U.S. 3 Wall. 225 225 (1865) The Convoy's Wheat 70 U.S. (3 Wall.) 225 ERROR TO THE DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK Syllabus 1. Where a bill of lading, signed by a master, shows that a voyage to a particular place named on it is but part of a longer transit which it is understood is to be made by the cargo shipped, and that the cargo is to be carried forward in a continuous way on its further voyage, the master must be presumed to have contracted in reference to the course of trade connected with getting the cargo forward. 2. In such a case, if any obstacle should intervene which by the regular course of the trade is liable to occur and for a short time retard the forwarding, the master cannot, from a mere inability to find storage at the entrepot, turn about, and taking the cargo to some near port, store it there, inform the consignees, and clear out. He should wait. 3. If...
The Louisiana
Court: US Supreme Court
Decided on: 1865
The Louisiana - 70 U.S. 164 (1865) U.S. Supreme Court The Louisiana, 70 U.S. 3 Wall. 164 164 (1865) The Louisiana 70 U.S. (3 Wall.) 164 ERROR TO THE CIRCUIT COURT FOR MARYLAND Syllabus 1. A vessel drifting from her moorings and striking against another vessel aground on a bar out of the channel or course of navigation will be liable for damage done to the vessel aground unless the drifting vessel can show affirmatively that the drifting was the result of inevitable accident or of a vis major which human skill and precaution could not have prevented. 2. The fact that a vessel on arriving at a wharf is moored in a way which, in reference to the state of the tide and wind at that time, is proper, and that in this position she is made as fast as she can be, is not an excuse for her breaking away on a change of tide and wind if ordinary nautical skill would have suggested that such a change would produce different and reversed conditions of risk. During the Southern rebellion, ...
Cincinnati City Vs. Morgan
Court: US Supreme Court
Decided on: 1865
Cincinnati City v. Morgan - 70 U.S. 275 (1865) U.S. Supreme Court Cincinnati City v. Morgan, 70 U.S. 3 Wall. 275 275 (1865) Cincinnati City v. Morgan 70 U.S. (3 Wall.) 275 Syllabus 1. The properly constituted authorities of a municipal corporation may bind the corporation whenever they have power to act in the premises. 2. To acquire, as against all mortgagees and encumbrances, a lien by statute upon the corpus of a railroad, in virtue of credit advanced, it is necessary that the statute express in terms not doubtful the intention to give Page 70 U. S. 276 a lien. The fact that, on one side, by not making a particular clause in the statute operate as a lien on the road, you leave it but declaratory of ordinary law, is not enough to give a lien when, on the other, by making the clause so operate, you would give one where the parties have declined to take one in ordinary form and contracted for a pledge of the capital stock of the road. Ex. gr. The Ohio Legislature, a...
The City Vs. Babcock
Court: US Supreme Court
Decided on: 1865
The City v. Babcock - 70 U.S. 240 (1865) U.S. Supreme Court The City v. Babcock, 70 U.S. 3 Wall. 240 240 (1865) The City v. Babcock 70 U.S. (3 Wall.) 240 ERROR TO THE CIRCUIT COURT FOR RHODE ISLAND Syllabus 1. Courts sitting in error will not discuss questions not raised by the record before them. 2. Where a party has a verdict given against him on insufficient evidence, his remedy is by motion for new trial. He has no remedy in a court of error. Among the festal anniversaries of the City of Providence, R.I., is that known as "Commencement Day." Upon this occasion, Brown University gives its degrees, and citizens and strangers throng the town. Upon the anniversary of 1859, Miss Babcock, of Connecticut, visited Providence and was participating in the spectacle. A procession was passing through one of the streets in a central part of the city, and Miss Babcock, who was walking in the same street, then filled with people, fell through an opening in the pavement which gave entra...
The Granite State
Court: US Supreme Court
Decided on: 1865
The Granite State - 70 U.S. 310 (1865) U.S. Supreme Court The Granite State, 70 U.S. 3 Wall. 310 310 (1865) The Granite State 70 U.S. (3 Wall.) 310 ERROR TO THE CIRCUIT COURT OF NEW YORK Syllabus 1. Where the question of fault in a collision lies, on the one hand, between a boat fast at a wharf, out of the track of other vessels, and moored, in all respects of place and signals, or want of them, according to the port regulations of the place, and on the other, a steamer navigating a channel of sufficient width for her to move and stop at pleasure, the fault, under almost any circumstances, where there is no unusual action of the elements or other superior force driving her to the place of collision, will be held to be with the steamer. Hence a steamer which, in going in the dark from a broad channel into her dock, runs -- though in an effort to avoid other steamers coming out of their docks -- against a barge moored at a wharf according to the port regulations, is responsib...
Buck Vs. Colbath
Court: US Supreme Court
Decided on: 1865
Buck v. Colbath - 70 U.S. 334 (1865) U.S. Supreme Court Buck v. Colbath, 70 U.S. 3 Wall. 334 334 (1865) Buck v. Colbath 70 U.S. (3 Wall.) 334 ERROR TO THE SUPREME COURT OF MINNESOTA Syllabus 1. A suit prosecuted in the state courts to the highest court of such state against a marshal of the United States for trespass who defends himself on the ground that the acts complained of were performed by him under a writ of attachment from the proper federal court presents a case for a writ of error under the 25th section of the Judiciary Act Page 70 U. S. 335 when the final decision of the state courts is against the validity of the authority thus set up by the marshal. 2. The case of Freeman v. Howe, 24 How. 450, an action of replevin decided that property held by the marshal under a writ from the federal court could not be lawfully taken from his possession by any process issuing from a state court, and decided nothing more. 3. The ground of that decision was that the possessi...
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