Us Supreme Court Court October 1887 Judgments
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Henderson Vs. Louisville and Nashville Railroad
Court: US Supreme Court
Decided on: Oct-31-1887
Henderson v. Louisville & Nashville Railroad - 123 U.S. 61 (1887) U.S. Supreme Court Henderson v. Louisville & Nashville Railroad, 123 U.S. 61 (1887) Henderson v. Louisville and Nashville Railroad Argued October 21, 1887 Decided October 31, 1887 123 U.S. 61 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus A railroad company is not responsible for the loss of a bag containing money and jewelry, carried in the hand of a passenger and by him accidentally dropped through an open window in the car, although, upon notice of the loss, it refuses to stop the train short of a usual station to enable him to recover it. Under the practice in Louisiana, the circuit court of the United States, after ordering a petition to be dismissed as showing no cause of action, but with leave to file an amended petition, may at the hearing on the amended petition amend the order allowing it to be filed by providing that it shall be treated as a m...
Bull Vs. Bank of Kasson
Court: US Supreme Court
Decided on: Oct-31-1887
Bull v. Bank of Kasson - 123 U.S. 105 (1887) U.S. Supreme Court Bull v. Bank of Kasson, 123 U.S. 105 (1887) Bull v. Bank of Kasson Submitted May 3, 1887 Decided October 31, 1887 123 U.S. 105 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA Syllabus A bank check for the payment of "five hundred dollars in current funds" is payable in whatever is current by law as money, and is a bill of exchange, within the meaning of the Act of March 3, 1575, c. 137, defining the jurisdiction of the courts of the United States. A bank check, presented by a bona fide endorsee for payment six months after its date, the funds against which it was drawn remaining in the hands of the drawee and the drawer having been in no way injured or prejudiced by the delay in presentment, is not overdue so as to be subject to equities of the drawer against a previous holder. This case comes before this Court on a certificate of division of opinion between the circuit and dist...
In Vs. United States
Court: US Supreme Court
Decided on: Oct-31-1887
In v. United States - 123 U.S. 227 (1887) U.S. Supreme Court In v. United States, 123 U.S. 227 (1887) Finn v. United States Submitted October 17, 1887 Decided October 31, 1887 123 U.S. 227 APPEAL FROM THE COURT OF CLAIMS Syllabus It is a condition or qualification of the right to a judgment against the United States in the Court of Claims that the claimant, when not laboring under one of the disabilities named in the statute, voluntarily put his claim in suit, or present it at the proper department for settlement, within six years after suit could be commenced thereon against the United States. The general rule that limitation does not operate by its own force as a bar, but is a defense which must be set up to be availed of, does not apply to suits in the Court of Claims against the United States, and it is the duty of that court to dismiss the petition of its own motion when it appears that the claim is barred, although the statute may not have been pleaded. The following ...
Parker and Whipple Company Vs. Yale Clock Co.
Court: US Supreme Court
Decided on: Oct-31-1887
Parker & Whipple Company v. Yale Clock Co. - 123 U.S. 87 (1887) U.S. Supreme Court Parker & Whipple Company v. Yale Clock Co., 123 U.S. 87 (1887) Parker and Whipple Company v. Yale Clock Company Argued October 20, 1887 Decided October 31, 1887 123 U.S. 87 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CONNECTICUT Syllabus The first eight claims of reissued letters patent No. 10,O62, granted March 14, 1882, to Arthur E. Hotchkiss for improvements in clock movements on an application for a reissue filed July 19, 1881 (the original patent, No. 221,310, having been granted to Hotchkiss November 4, 1879, on an application filed July 29, 1879, and a prior reissue, No. 9656, having been granted April 12, 1881), are invalid because not for the same invention as that of the original patent. The statutes and the decisions of this Court on the question of the necessity that a reissued patent should be granted only for the same invention as the original patent r...
Missouri Ex Rel. Harshman Vs. Winterbottom
Court: US Supreme Court
Decided on: Oct-31-1887
Missouri ex Rel. Harshman v. Winterbottom - 123 U.S. 215 (1887) U.S. Supreme Court Missouri ex Rel. Harshman v. Winterbottom, 123 U.S. 215 (1887) Missouri ex Rel. Harshman v. Winterbottom Submitted October 13, 1887 Decided October 31, 1887 123 U.S. 215 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus A statute of Missouri authorized county collectors to collect county taxes and required them to receive in payment thereof warrants issued by the county when presented by the legal holder. A, a holder of two county warrants, presented them to the treasurer for payment, and payment was refused because there was no money in the treasury. A brought suit against the collector and his official bondsmen to collect the amount due on these warrants, alleging that the collector was authorized by law to receive warrants in payment of taxes only from the holder in payment of his own taxes, that this provision had been disregarded by the collecto...
Coan Vs. Flagg
Court: US Supreme Court
Decided on: Oct-31-1887
Coan v. Flagg - 123 U.S. 117 (1887) U.S. Supreme Court Coan v. Flagg, 123 U.S. 117 (1887) Coan v. Flagg, 123 U.S. 117 (1887) Submitted October 20, 1887 Decided October 31, 1887 123 U.S. 117 ERROR TO THE SUPREME COURT OF THE STATE OF OHIO Syllabus The entry and survey of lands in the Virginia Military District in Ohio, under which the plaintiff claims title, did not invest the owners of the warrant, or their assignee, with an equitable interest in the lands surveyed as against the United states for the reason that the excess of the land surveyed beyond that covered by the warrant was so great as to make the survey fraudulent and void, and consequently Congress could, by the Act of February 18, 1871, 16 Stat. 416, grant the lands at its pleasure. It was the purpose of the Act of February 18, 1871, to grant to the State of Ohio all the lands in the Virginia Military District in that state which had not at that time been legally surveyed and sold by the United States, in that s...
Davis Vs. Key
Court: US Supreme Court
Decided on: Oct-31-1887
Davis v. Key - 123 U.S. 79 (1887) U.S. Supreme Court Davis v. Key, 123 U.S. 79 (1887) Davis v. Key Argued October 18, 1887 Decided October 31, 1887 123 U.S. 79 APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus A decree dismissing a bill for a partnership accounting affirmed on the ground that the plaintiff had regarded the partnership agreement as never having gone into effect or as having been cancelled, and that part of the matters in dispute had been settled by a subsequent agreement between the parties. In equity. Decree dismissing the bill. Complainant appealed. The case is stated in the opinion of the Court. MR. JUSTICE BLATCHFORD delivered the opinion of the Court. This is a suit in equity brought in the Supreme Court of the District of Columbia in April, 1881, by Henry E. Davis, administrator de bonis non of Philip B. Fouke, deceased, against John J. Key. The object of the bill is to obtain an accounting from Key as to transactions between him a...
Tufts Vs. Tufts
Court: US Supreme Court
Decided on: Oct-31-1887
Tufts v. Tufts - 123 U.S. 76 (1887) U.S. Supreme Court Tufts v. Tufts, 123 U.S. 76 (1887) Tufts v. Tufts Submitted October 21, 1887 Decided October 31, 1887 123 U.S. 76 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH Syllabus In this suit the facts found are not materially and substantially different from those alleged in the bill, and they will support a decree for the relief asked for. Page 123 U. S. 77 In equity. Decree for complainant. Respondent appealed. The case is stated in the opinion of the Court. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. This is a suit in equity begun on the first of August, 1882, by Elmira P. Tufts, then in life, against Elbridge Tufts, her son, to set aside a deed executed by her to him bearing date June 26, 1882, on the ground that it was obtained by fraud. The material averment in the complaint is that "Defendant . . . promised the plaintiff, in the month of June, 1882, if she would execute an agreement, which he ...
Davenport Bank Vs. Davenport Board of Equalization
Court: US Supreme Court
Decided on: Oct-31-1887
Davenport Bank v. Davenport Board of Equalization - 123 U.S. 83 (1887) U.S. Supreme Court Davenport Bank v. Davenport Board of Equalization, 123 U.S. 83 (1887) Davenport Bank v. Davenport Board of Equalization Submitted October 11, 1887 Decided October 31, 1887 123 U.S. 83 ERROR TO THE SUPREME COURT OF IOWA Syllabus Section 5219, Rev.Stat., respecting the taxation of national banks, does not require perfect equality between state and national banks, but only that the system of taxation in a state shall not work a discrimination favorable to its own citizens and corporations and unfavorable to holders of shares in national banks. If a state statute creating a system of taxation does not on its face discriminate against national banks, and there is neither evidence of a legislative intent to make such discrimination nor proof that the statute works an actual and material discrimination, there is no case for holding it to be unconstitutional. This was a proceeding in a state c...
Gilson Vs. Dayton
Court: US Supreme Court
Decided on: Oct-24-1887
Gilson v. Dayton - 123 U.S. 59 (1887) U.S. Supreme Court Gilson v. Dayton, 123 U.S. 59 (1887) Gilson v. Dayton Submitted October 11, 1887 Decided October 24, 1887 123 U.S. 59 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus As it appears on the face of the bonds sued on in this action that they were issued under the Special Act of February 18, 1857, which was held void in Post v. Supervisors, 105 U. S. 667 , and not under the general law of March 6, 1867, the judgment dismissing the action is affirmed. This was an action to recover on twelve bonds, each for $1,000, issued by the Town of Dayton. In each bond it was stated that it was "issued in pursuance of an election or special town meeting held in said town on the 17th day of April, 1869, under and by virtue of a certain act of the Legislature of the Illinois approved February 18th, 1857, . . . authorizing municipal subscriptions to the stock of certain railroads, . . . th...
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