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O'Brien v. Miller - 168 U.S. 287 (1891) U.S. Supreme Court O'Brien v. Miller, 168 U.S. 287 (1897) O'Brien v. Miller No. 40 Argued April 2, 1897 Decided November 29, 1891 168 U.S. 287 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The Johnson, an American ship, was chartered at Valparaiso to carry a cargo of nitrate of soda, of 1938 tons, from Caleta to Hamburg consigned to a London firm. On the way, she sprang a leak, and put into Callao. There 1200 tons of the cargo were transferred to the Leslie, a British bark, and the Johnson was repaired, the master executing a bottomry bond to meet the expenses of the repairs. That bond bound the Johnson, cargo and freight, hypothecated the portion of the cargo transhipped to the bark and further provided that "if during the said voyage an utter loss of the said vessel [ in the singular ] by fire, enemies, pirates, the perils of the sea or navigation, or any other casualty shall unavoidably happe...
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Smyth v. New Orleans Canal & Banking Co. - 141 U.S. 656 (1891) U.S. Supreme Court Smyth v. New Orleans Canal & Banking Co., 141 U.S. 656 (1891) Smyth v. New Orleans Canal and Banking Company No. 75 Submitted November 5, 1891 Decided November 23, 1891 141 U.S. 656 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus The plaintiff in his bill set up in himself a legal title to real estate derived from the State of Louisiana to which it had been listed as swamp or overflowed lands; averred that the respondents claimed the same land under certain old French grants which had been recognized by the Land Office as valid, and prayed that he might be declared to be the owner and put in possession of the premises, and have an accounting for rents and profits. Held that on these averments he had a plain, adequate and complete remedy at law, and that the bill must be dismissed. The Court stated the case as follows: The controversy involv...
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Craig v. Continental Ins. Co. - 141 U.S. 638 (1891) U.S. Supreme Court Craig v. Continental Ins. Co., 141 U.S. 638 (1891) Craig v. Continental Insurance Company No. 88 Argued November 6, 9, 1891 Decided November 23, 1891 141 U.S. 638 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus The provisions of 4283 of the Revised Statutes relieving the owner of a vessel from liability for a loss occasioned without his privity or knowledge apply to an insurance company to which, as insurer, a vessel has been abandoned, and which was charged with negligence in causing the vessel to be so towed that she sank and became a total loss, and the life of an employee on board of her was lost. The identity of the vessel was not lost, she being officered and manned and having on board a cargo. The provisions of 4283 apply to cases of personal injury and death. The extinguishment of liability may be availed of as matter of law, on the facts, in a s...
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Rector v. Lipscomb - 141 U.S. 557 (1891) U.S. Supreme Court Rector v. Lipscomb, 141 U.S. 557 (1891) Rector v. Lipscomb No. 40 Argued and submitted October 20, 1891 Decided November 18, 1891 141 U.S. 557 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS Syllabus Nearly two years after the entry of a decree dismissing a hill in equity relating to the title to real estate, the complainant, without notice to the respondent, filed his affidavit to show that its value was more than $5,000, appealed to this Court, and the appeal was allowed below and was entered in this Court. The respondent thereupon filed counter-affidavits in the court below, and, after notice to the complainant, moved to set aside the appeal upon the ground that the value of the property was shown to be less than $5,000. The complainant was present at the hearing of this motion, which resulted in an order vacating the order allowing the appeal. The respondent as appellee i...
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Adams v. Bellaire Stamping Co. - 141 U.S. 539 (1891) U.S. Supreme Court Adams v. Bellaire Stamping Co., 141 U.S. 539 (1891) Adams v. Bellaire Stamping Company No. 50 Argued October 26, 1891 Decided November 16, 1891. 141 U.S. 539 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO Syllabus The alleged invention protected by letters patent No. 50,591, granted October 24, 1865, to John H. Irwin, was a combination of old devices, each performing its old function and working out its own effect, without producing anything novel as the result of the combination, and was not patentable. When the sole issue in an action for the infringement of a patent is as to the patentable character of the alleged invention, it is not error to decline to instruct the jury that the fact that the machine had practically superseded all others was strong evidence of its novelty. The case is stated in the opinion. MR. JUSTICE FIELD delivered the opinion of the Court. ...
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Patent Clothing Co., Ltd. v. Glover - 141 U.S. 560 (1891) U.S. Supreme Court Patent Clothing Co., Ltd. v. Glover, 141 U.S. 560 (1891) Patent Clothing Company, Ltd. v. Glover No. 52 Argued October 27, 1891 Decided November 16, 1891 141 U.S. 560 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Reissued letters patent No. 9616, granted to Rodmond Gibbons March 22, 1881, on the surrender of letters patent No. 178,287, for an improvement in pantaloons are void for want of patentable novelty in the invention claimed in it. In equity for the infringement of letters patent. The case is stated in the opinion. MR. JUSTICE BREWER delivered the opinion of the Court. This is an appeal from a decree of the Circuit Court of the United States for the Southern District of New York dismissing Page 141 U. S. 561 the appellant's bill. The suit was for the infringement of a patent. Rodmond Gibbons was the patentee. His original patent was da...
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Cross v. Allen - 141 U.S. 528 (1891) U.S. Supreme Court Cross v. Allen, 141 U.S. 528 (1891) Cross v. Allen No. 23 Argued October 13, 1891 Decided November 16, 1891 141 U.S. 528 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON Syllabus The transfer of an overdue note and mortgage for a valuable consideration to a bona fide purchaser is not a collusive transaction which prevents the transferee from maintaining an action upon them under the provisions of the Act of March 3, 1875, 18 Stat. 470, c. 137, 1, although made to make a case to be tried in a federal court. It being conceded that this case comes within the rules laid down in Ackley School District v. Hall, 113 U. S. 135 , and in New Providence v. Halsey, 117 U. S. 336 , this Court adheres to the doctrines enunciated in those cases. The payment by the principal debtor, after the death of his wife, of interest upon a note, signed by him alone but secured by a mortgage upon her separ...
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Fire Ins. Ass'n, Ltd. v. Wickham - 141 U.S. 564 (1891) U.S. Supreme Court Fire Ins. Ass'n, Ltd. v. Wickham, 141 U.S. 564 (1891) Fire Insurance Association Ltd. v. Wickham No. 59 Argued October 28, 1891 Decided November 16, 1891 141 U.S. 564 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus Parol testimony is admissible to show the circumstances under which a written instrument was executed, or that it was in fact without consideration. Where the facts clearly show that a certain sum is due from one person to another, a release of the entire sum upon payment of part is without Page 141 U. S. 565 consideration, and the creditor may still sue for and recover the residue; but if there be a bona fide dispute as to the amount due, that dispute may be the subject of a compromise. When a claim not yet due is prepaid in part by the debtor, such prepayment may operate as a discharge of the whole claim if both parties intended it to be...
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Thompson v. Baker - 141 U.S. 648 (1891) U.S. Supreme Court Thompson v. Baker, 141 U.S. 648 (1891) Thompson v. Baker No. 72 Submitted November 4, 1891 Decided November 16, 1891 141 U.S. 648 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS Syllabus A conveyance by a debtor in Texas of his real estate there, made with intent to delay, hinder or defraud his creditors, being void as to the latter under the statutes of that state, a judgment sale and transfer of such property, in an action commenced by the levy of an attachment upon it as the property of the debtor, made after the fraudulent sale is upheld in this case as against a bona fide purchaser from the fraudulent grantee, taking title after the levy of the attachment. This is an action of trespass to try the title to a tract of land in Clay County, Texas, containing 1,729 acres, more or less. The dispute is between Thompson, who was the plaintiff below, and Schuler. Each party claims u...
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Olcott v. Headrick - 141 U.S. 543 (1891) U.S. Supreme Court Olcott v. Headrick, 141 U.S. 543 (1891) Olcott v. Headrick No. 77 Argued and submitted November 5, 1891 Decided November 16, 1891 141 U.S. 543 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TENNESSEE Syllabus A decree of foreclosure and sale made circuit court on a railroad mortgage provided that the purchaser should pay off all claims incurred by the receiver, and that all such claims should be barred unless presented within six months after the confirmation of the sale. On the sale, the property was bought by the appellants. The decree confirming the sale provided that a deed should be given, and the purchasers should take the property, and the deed should recite that they took it, subject to all claims incurred by the receiver. After the six months had expired, the appellee filed a petition to recover damages for an injury sustained by him, as a passenger on the road, through the ...
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