Us Supreme Court Court February 1892 Judgments
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Union Mutual Life Ins. Co. Vs. Hanford
Court: US Supreme Court
Decided on: Feb-29-1892
Union Mutual Life Ins. Co. v. Hanford - 143 U.S. 187 (1892) U.S. Supreme Court Union Mutual Life Ins. Co. v. Hanford, 143 U.S. 187 (1892) Union Mutual Life Insurance Company v. Hanford No. 25 Argued and submitted March 26, 1891 Decided February 29, 1892 143 U.S. 187 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus Under the law of Illinois, a grantee who by the terms of an absolute conveyance from the mortgagor assumes the payment of the mortgage debt, is liable to an action at law by the mortgagee; the relation of the grantee and the grantor toward the mortgagee is that of principal and surety, and therefore a subsequent agreement of the mortgagee with the grantee, without the assent of the grantor, extending the time of payment of the mortgage debt, discharges the grantor from all personal liability for that debt. This was a bill in equity, filed March 30, 1878, by the union Mutual Life Insurance Company, a corporation of ...
Michigan Insurance Bank Vs. Eldred
Court: US Supreme Court
Decided on: Feb-29-1892
Michigan Insurance Bank v. Eldred - 143 U.S. 293 (1892) U.S. Supreme Court Michigan Insurance Bank v. Eldred, 143 U.S. 293 (1892) Michigan Insurance Bank v. Eldred No. 1288 Argued January 29, 1892 Decided February 29, 1892 143 U.S. 293 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN Syllabus After the term at which a trial took place has expired without the court's control over the case being reserved by standing rule or special order, and especially after a writ of error has been entered in this Court, the court below cannot allow a bill of exceptions then first presented, or amend a bill of exceptions already allowed and filed. Under the Code of Wisconsin, an express denial, upon information and belief, that the plaintiff was at or since the commencement of the action, or is now, a corporation, puts in issue the existence of the corporation. The conversion of a state bank into a national bank, with a change of name, under the Nation...
In Re Woods
Court: US Supreme Court
Decided on: Feb-29-1892
In re Woods - 143 U.S. 202 (1892) U.S. Supreme Court In re Woods, 143 U.S. 202 (1892) In re Woods No number Submitted January 18, 1892 Decided February 29, 1892 143 U.S. 202 ORIGINAL Syllabus The questions (1) whether it is settled law in the State of Minnesota that a judgment of dismissal in a former suit, such as is pleaded in this case, was not a bar to a second suit on the same cause of action, (2) whether the law in respect of recovery by a servant against his master for injuries received in the course of his employment was properly applied on the trial of a case, do not fall within the category of questions of such gravity and general importance as to require the review of the conclusions of the circuit court of appeals in reference to them. This was an action brought by August Lindvall in the Circuit Court of the United States for the District of Minnesota against John Woods and Stephen B. Lovejoy, partners as Woods & Lovejoy, to recover for a personal injury alleged...
iron Silver Mining Co. Vs. Mike and Starr Co.
Court: US Supreme Court
Decided on: Feb-29-1892
Iron Silver Mining Co. v. Mike & Starr Co. - 143 U.S. 394 (1892) U.S. Supreme Court Iron Silver Mining Co. v. Mike & Starr Co., 143 U.S. 394 (1892) Iron Silver Mining Co. v. Mike and Starr Gold and Silver Mining Company No. 2 Argued November 20, 23, 1891 Decided February 29, 1892 143 U.S. 394 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO Syllabus The term " known vein " Rev.Stat. 2333 refers to a vein or lode whose existence is known, as contradistinguished from one which has been appropriated by location. The title to portions of a horizontal vein or deposit, generally called a "blanket vein," may be acquired under the sections of the Revised Statutes concerning veins, lodes, etc. In ejectment for the possession of a mine, the plaintiff claimed under a placer patent, issued January 30, 1880, on an application made November 13, 1878, and entry and payment made February 21, 1879. The defendant claimed under a location certificate of a lode i...
Chandler Vs. Pomeroy
Court: US Supreme Court
Decided on: Feb-29-1892
Chandler v. Pomeroy - 143 U.S. 318 (1892) U.S. Supreme Court Chandler v. Pomeroy, 143 U.S. 318 (1892) Chandler v. Pomeroy No. 1343 Submitted November 17, 1891 Decided February 29, 1892 143 U.S. 318 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY Syllabus In order to justify a court in refusing to enforce a settlement of a quarrel between the members of a large family growing out of disputes about the wills of their father and other members of the family, and out of money transactions between brothers and sisters, upon the ground that the settlement was obtained by misrepresentation, active or covert or that it failed to express the real intent of the parties, the testimony should establish the fact clearly and satisfactorily, and in this case it is not so established. This was a bill in equity filed September 1, 1888, by the appellant, Chandler, as executor and trustee under the last will and testament of George P. Pomeroy, deceased, again...
Fielden Vs. Illinois
Court: US Supreme Court
Decided on: Feb-29-1892
Fielden v. Illinois - 143 U.S. 452 (1892) U.S. Supreme Court Fielden v. Illinois, 143 U.S. 452 (1892) Fielden v. Illinois No. 909 Argued January 21, 26, 1892 Decided February 29, 1892 143 U.S. 452 ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS Syllabus F. was convicted of murder in the Criminal Court of Cook County, Illinois, and sentenced by that court to suffer the penalty of death. Upon writ of error to the Supreme Court of Illinois, that judgment was affirmed and the day fixed in the original judgment for carrying the sentence into execution having passed, that court fixed another day. After the expiration of the term, the accused applied for a correction of the record of the Supreme Court so as to show that he was not present in that court when the original judgment was affirmed, and another day fixed for the execution. The application was denied upon the ground, in part, that amendments of the record of the court in derogation of the final judgment could not be a...
Hoyt Vs. Latham
Court: US Supreme Court
Decided on: Feb-29-1892
Hoyt v. Latham - 143 U.S. 553 (1892) U.S. Supreme Court Hoyt v. Latham, 143 U.S. 553 (1892) Hoyt v. Latham No. 173 Argued January 28-29, 1892 Decided February 29, 1892 143 U.S. 553 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA Syllabus While it is true that a trustee cannot legally purchase on his own account that which his duty requires him to sell on account of his cestui que trust, nor purchase on account of the cestui que trust that which he sells on his own account, and that the cestui que trust may avoid such a sale even though made without fraud, and without injury to his interests, yet it is also true that such a transaction is not absolutely void in the sense that the purchaser takes no title, and that it may be ratified and affirmed by the cestui que trust, either directly or by acquiescence and silent approval; and in such case, when he has ample notice of the facts and waits before taking action to set the sale aside until...
United States Vs. Ballin
Court: US Supreme Court
Decided on: Feb-29-1892
United States v. Ballin - 144 U.S. 1 (1892) U.S. Supreme Court United States v. Ballin, 144 U.S. 1 (1892) United States v. Ballin No. 1061 Argued December 2, 1891 Decided February 29, 1892 144 U.S. 1 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The provision in Rule XV of the House of Representatives of the Fifty-first Congress that "On the demand of any member, or at the suggestion of the Speaker, the names of members sufficient to make a quorum in the hall of the house who do not vote shall be noted by the clerk and recorded in the journal, and reported to the Speaker with the names of the members voting, and be counted and announced in determining the presence of a quorum to do mousiness," is a constitutional mode of ascertaining the presence of a quorum, empowered to act as the House. Under the provision in the Act of May 9, 1890, 26 Stat. 105, c. 200, the duties on worsted cloths were, by the terms of the act, and...
Waterman Vs. Alden
Court: US Supreme Court
Decided on: Feb-29-1892
Waterman v. Alden - 143 U.S. 196 (1892) U.S. Supreme Court Waterman v. Alden, 143 U.S. 196 (1892) Waterman v. Alden No. 455 Submitted January 8, 1892 Decided February 29, 1892 143 U.S. 196 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus A testator, after giving the bulk of his property to his six brothers and sisters in equal shares, directed that "any and all notes, bills, accounts, agreements, or other evidences of indebtedness against any of my said brothers and sisters held by me at the time of my decease be cancelled by my said executors and delivered up to the maker or makers thereof without payment of the same or any part thereof" except two notes specified, and secured by mortgage. Held that this direction did not include joint and several notes made to the testator, between the date of the will and his death, by a partnership of which a brother was a member, to obtain money to carry on the business of the partne...
Horn Silver Mining Co. Vs. New York
Court: US Supreme Court
Decided on: Feb-29-1892
Horn Silver Mining Co. v. New York - 143 U.S. 305 (1892) U.S. Supreme Court Horn Silver Mining Co. v. New York, 143 U.S. 305 (1892) Horn Silver Mining Company v. New York No. 48 Argued and submitted December 11, 1891 Decided February 29, 1892 143 U.S. 305 ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK Syllabus The statute of New York of May 26, 1881, Laws of 1881, c. 361, imposing a tax upon the corporate franchise or business of every corporation, joint-stock company, or association incorporated or organized under any Page 143 U. S. 306 law of the state or of any other state or country, to be computed by a percentage upon its whole capital stock, and to be ascertained in the manner provided by the act, when applied to a manufacturing corporation organized under the laws of Utah, and doing the greater part of its business out of the New York, and paying taxes in Illinois and Utah, but doing a small part of its business in the New York, does not tax persons or propert...
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