Us Supreme Court Court December 1880 Judgments
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Bignall Vs. Gould
Court: US Supreme Court
Decided on: Dec-20-1880
Bignall v. Gould - 119 U.S. 495 (1880) U.S. Supreme Court Bignall v. Gould, 119 U.S. 495 (1886) Bignall v. Gould Submitted December 7, 1886 Decided December 20, 1880 119 U.S. 495 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus In a bond "in the penal sum of $10,000, liquidated damages," with condition that certain third persons shall within a year release the obligee from a large number of debts held by them severally, and varying from $8,000 to $10 each, the sum of $10,000 is a penalty, and not liquidated damages, and in an action thereon, the obligee, upon proof that none of the debts was released by the holders within the year, but that immediately afterwards he was discharged from all of them in bankruptcy, can recover nominal damages only. This was an action, brought in September, 1881, by a citizen of Missouri against a citizen of New York upon the following bond, signed and sealed by the defendant: "Know all men that I, ...
White Vs. United States
Court: US Supreme Court
Decided on: Dec-13-1880
White v. United States - 154 U.S. 661 (1880) U.S. Supreme Court White v. United States, 154 U.S. 661 (1880) White v. United States No. 82 Argued November 29, 1880 Decided December 13, 1880 154 U.S. 661 APPEAL FROM THE COURT OF CLAIMS Syllabus When a charter party provides that the hirer of the vessel need not make good any loss arising from ordinary wear and tear, a finding by the court that repairs sued for resulted from ordinary wear and tear is a bar to recovery. Money paid to a person on a vessel chartered to the government by the owner of the vessel cannot be recovered from the United States unless authorized by them. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. The Court of Claims has found expressly that the condition of the vessel when she was discharged from the charter, which made the repairs sued for necessary, resulted from the ordinary wear and tear of the service in which she was engaged under the charter party. This is conclusive against any ...
MclaughlIn Vs. Fowler
Court: US Supreme Court
Decided on: Dec-13-1880
McLaughlin v. Fowler - 154 U.S. 663 (1880) U.S. Supreme Court McLaughlin v. Fowler, 154 U.S. 663 (1880) McLaughlin v. Fowler Nos. 94, 95 Argued December 2, 1880 Decided December 13, 1880 154 U.S. 663 ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA Syllabus In cases brought here from state courts, this Court can only look beyond the federal question when that has been decided erroneously. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. The only federal question in these cases is whether the patents to the Western Railroad Company for lands within the limits of the Moquelomnes grant are valid. If that question was not decided by the court below, we have no jurisdiction; if it was, the judgment was right because in accordance with Newhall v. Sanger, 92 U. S. 761 , brought here in 1875 for the determination of the same identical question. Such being the case, the judgment must be affirmed. We can only look beyond the federal question when that has been de...
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