Us Supreme Court Court May 1888 Judgments
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Mosler Safe and Lock Co. Vs. Mosler
Court: US Supreme Court
Decided on: May-14-1888
Mosler Safe & Lock Co. v. Mosler - 127 U.S. 354 (1888) U.S. Supreme Court Mosler Safe & Lock Co. v. Mosler, 127 U.S. 354 (1888) Mosler Safe and Lock Company v. Mosler No. 248 Argued April 24-25, 1888 Decided May 14, 1888 127 U.S. 354 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO Syllabus Claims 1 and 2 of letters patent No. 281,640 granted to Moses Mosler, July 17, 1883, for an improvement in fire-proof safes, namely, "1. An angle bar for safe frames, consisting, substantially as before set forth, of a right-angled iron bar, one of the sides of which is cut away, leaving a curve facing the uncut side, whereby said uncut side may be bent to bear upon said curve to form a rounded corner." "2. An angle bar for safe frames consisting, substantially as before set forth, of a right-angled Page 127 U. S. 355 iron bar, one of the sides of which is cut away, with curved cuts meeting a right-angled cut, whereby the uncut side may be bent to ...
Hosford Vs. Hartford Fire Ins. Co.
Court: US Supreme Court
Decided on: May-14-1888
Hosford v. Hartford Fire Ins. Co. - 127 U.S. 404 (1888) U.S. Supreme Court Hosford v. Hartford Fire Ins. Co., 127 U.S. 404 (1888) Hosford v. Hartford Fire Insurance Company No. 264 Argued April 26-27, 1888 Decided May 14, 1888 127 U.S. 404 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA Syllabus An application for fire insurance, warranted to be "a just, full, and true exposition of all the facts and circumstances in regard to the condition, situation, value, ownership, title, encumbrances of all kinds, insurance and hazard of the property to be insured," contained these questions: "Is there a mortgage, deed of trust, lien, or encumbrance of any kind on property? Amount, and in whose favor?" Held that the questions related only to encumbrances created by the act or with the consent of the applicant, and that an omission to disclose an existing lien created by statute for unpaid taxes was no breach of the warranty. This case was substantiall...
St. Paul Plow Works Vs. Starling
Court: US Supreme Court
Decided on: May-14-1888
St. Paul Plow Works v. Starling - 127 U.S. 376 (1888) U.S. Supreme Court St. Paul Plow Works v. Starling, 127 U.S. 376 (1888) St. Paul Plow Works v. Starling No. 1367 Submitted May 4, 1888 Decided May 14, 1888 127 U.S. 376 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA Syllabus An action in the circuit court by a patentee for breach of an agreement of a licensee to make and sell the patented article and to pay royalties, in which the validity and the infringement of the patent are controverted, is a "case touching patent rights" of which this Court has appellate jurisdiction under 699 of the Revised Statutes without regard to the sum or value in dispute. Motion to dismiss for want of jurisdiction. The case is stated in the opinion. MR. JUSTICE GRAY delivered the opinion of the Court. The original action was brought in the Circuit Court of the United States for the District of Minnesota by a citizen of Nebraska against a corporation of Minn...
Ratterman Vs. Western Union Telegraph Company
Court: US Supreme Court
Decided on: May-14-1888
Ratterman v. Western Union Telegraph Company - 127 U.S. 411 (1888) U.S. Supreme Court Ratterman v. Western Union Telegraph Company, 127 U.S. 411 (1888) Ratterman v. Western Union Telegraph Company Nos. 1360, 1361 Argued March 21, 1888 Decided May 14, 1888 127 U.S. 411 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION Syllabus A single tax, assessed under the laws of a state upon receipts of a telegraph company which were partly derived from interstate commerce and partly from commerce within the state, and which were capable of separation but were returned and assessed in gross and without separation or apportionment, is invalid in proportion to the extent that such receipts were derived from interstate commerce, but is otherwise valid, and while a circuit court of the United States should enjoin the collection of the tax upon the portion of the receipts derived from interstate commerce, Page 127 U. S. 412 it should no...
Jenkins Vs. International Bank of Chicago
Court: US Supreme Court
Decided on: May-14-1888
Jenkins v. International Bank of Chicago - 127 U.S. 484 (1888) U.S. Supreme Court Jenkins v. International Bank of Chicago, 127 U.S. 484 (1888) Jenkins v. International Bank of Chicago No. 254 Submitted April 26, 1888 Decided May 14, 1888 127 U.S. 484 ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS Syllabus An assignee in bankruptcy appeared in a suit in equity which had been commenced by a bank against the bankrupt before his bankruptcy to obtain a decree for the sale of securities pledged to the bank as collateral, and defended upon the ground of usury and usurious payments of interest. More than five years after the appointment of the assignee, the bank filed a supplemental bill setting up a former adjudication between the bankrupt and the bank made after the commencement of the suit, but before the bankruptcy upon the matter so set up in defense by the assignee. Held that the supplemental bill set up no new cause of action, but only matters operating as an estoppe...
Arthur's Executors Vs. Vietor
Court: US Supreme Court
Decided on: May-14-1888
Arthur's Executors v. Vietor - 127 U.S. 572 (1888) U.S. Supreme Court Arthur's Executors v. Vietor, 127 U.S. 572 (1888) Arthur's Executors v. Vietor No. 268 Argued May 2, 3, 1888 Decided May 14, 1888 127 U.S. 572 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Hosiery, composed of wool and cotton, was imported in 1873. The collector assessed the duties at 35 percent ad valorem, and 50 cents a pound, less ten percent, under 2 of the Act of March 2d, 1867, c. Page 127 U. S. 573 197, 14 Stat. 561, as manufactures made in part of wool "not herein otherwise provided for." The importer claimed that the goods were dutiable under 22 of the Act of March 2, 1861, c. 68, 12 Stat. 191, and 13 of the Act of July 14, 1862, c. 163, 12 Stat. 556, as stockings made on frames, worn by men, women, and children at 35 percent ad valorem, less ten percent. In a suit to recover back the excess of duties, the court directed a verdict for the ...
Stuart Vs. Gay
Court: US Supreme Court
Decided on: May-14-1888
Stuart v. Gay - 127 U.S. 518 (1888) U.S. Supreme Court Stuart v. Gay, 127 U.S. 518 (1888) Stuart v. Gay No. 255 Submitted April 26, 1888 Decided May 14, 1888 127 U.S. 518 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA Syllabus When a decree of foreclosure and sale of mortgaged property grants to the purchaser a credit for part of the purchase money, reserving a lien upon the property to enforce its payment, the court may, if the purchaser make default, and no rights of innocent third parties have intervened, order a resale of the property upon a rule to the purchaser to show cause why it should not be done. The decree of foreclosure in this case conferred upon the purchaser at the foreclosure sale no such right of acquiring the securities of the lower classes to be paid from the fund realized from the sale as would authorize him, as such purchaser, to dispute, in a proceeding in the original suit for foreclosure to compel payment of t...
Falk Vs. Moebs
Court: US Supreme Court
Decided on: May-14-1888
Falk v. Moebs - 127 U.S. 597 (1888) U.S. Supreme Court Falk v. Moebs, 127 U.S. 597 (1888) Falk v. Moebs No. 243 Argued April 20, 1888 Decided May 14, 1888 127 U.S. 597 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus A promissory note which reads: "Four months after date, we promise to pay to the order of George Moebs, Sec. & Treas., ten hundred sixty-one & 24/100 dollars at Merchants' & Manufacturers' National Bank, value received," signed "Peninsular Cigar Co., Geo. Moebs, Sec. & Treas.," and endorsed "Geo. Moebs, Sec. & Treas.," is a note drawn by, payable to, and endorsed by the corporation, and without ambiguity in the endorsement, and evidence is not admissible to show that it was the intention of the endorser in making the endorsement to bind himself personally. The Court stated the case as follows: The plaintiffs in error, Gustav Falk and Arnold Falk, who are citizens of the State of New York, brought suit in the Circ...
Leloup Vs. Port of Mobile
Court: US Supreme Court
Decided on: May-14-1888
Leloup v. Port of Mobile - 127 U.S. 640 (1888) U.S. Supreme Court Leloup v. Port of Mobile, 127 U.S. 640 (1888) Leloup v. Port of Mobile No. 274 Submitted May 2, 1888 Decided May 14, 1888 127 U.S. 640 ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA Syllabus Where a telegraph company is doing the business of transmitting messages between different states, and has accepted and is acting under the telegraph law passed by Congress July 24th, 1866, no state within which it sees fit to establish an office can impose upon it a license tax or require it to take out a license for the transaction of such business. Telegraphic communications are commerce, as well as in the nature of postal service, and if carried on between different states, they are interstate commerce, and within the power of regulation conferred upon Congress, free from the control of state regulations except such as are strictly of a police character, and any state regulations by way of tax on the occupation o...
Nickerson Vs. Nickerson
Court: US Supreme Court
Decided on: May-14-1888
Nickerson v. Nickerson - 127 U.S. 668 (1888) U.S. Supreme Court Nickerson v. Nickerson, 127 U.S. 668 (1888) Nickerson v. Nickerson No. 881 Submitted January 8, 1888 Decided May 14, 1888 127 U.S. 668 APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus On the proof in this case, the Court holds that the plaintiff has failed to show such an agreement as can he made the basis of a decree in her behalf. In equity. Decree dismissing the bill. Complainant appealed. The case is stated in the opinion. MR. JUSTICE HARLAN delivered the opinion of the Court. Page 127 U. S. 669 The substantial relief which the appellant, who was the plaintiff below, seeks in this suit is a decree (1) declaring void a conveyance executed May 31, 1883, by William B. Matthews, trustee, to the appellee, Lena D. Carter, by the name of Lena D. Nickerson, of lot 2, in square one hundred and fourteen, in the City of Washington; (2) establishing, in behalf of the plaintiff, certain trusts in r...
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