154 U.S. 559 14 S. Ct. 1164 19 L. Ed. 187 SMITH v. WASHINGTON GASLIGHT CO. No. 86. Argued February 18, 1869 Decided March 1, 1869. Mr. Chief Justice CHASE delivered the opinion of the court. 1 This is a suit in equity to enforce the specific performance of a contract for the delivery of gas tar, and to obtain compensation in damages for partial nonperformance. 2 The alleged contract was for the delivery of all the tar made by the company, and not wanted by it for a specified purpose, from time...
154 U.S. 558 14 S. Ct. 1163 19 L. Ed. 51 BURBANK v. BIGELOW. No. 36. January 11, 1869. Mr. Justice MILLER delivered the opinion of the court. 1 The case of Breedlove v. Nickolet, 7 Pet. 413 , disposes of the only question raised by the record in the present case. 2 That was an action in the circuit court of the United States for the district of Louisiana, brought by Nickolet and Siggs as partners, in which, after issue taken on pleas in bar of the action, the defendants, on the day set for...
76 U.S. 805 (_) 9 Wall. 805 RUBBER COMPANY v. GOODYEAR. Supreme Court of United States. ON motion of Mr. Cushing, for the appellant, to stay the mandate and for leave to file a bill of review; Mr. W.E. Curtis opposing the application. Mr. Justice SWAYNE stated the case and delivered the opinion of the court. The appellants have submitted a motion that the mandate in this case be stayed, and that they have leave to file a bill of review. The ground of the application is the alleged fact that...
154 U.S. 565 14 S. Ct. 1213 19 L. Ed. 256 UNITED STATES v. SAMUEL J. MORGAN. No. 191. April 12, 1869. The attorney General, Asst. Atty. Gen. Dickey, and E. P. Norton, for the United States, J. M. Carlisle, J. D. McPherson, and R. M. Corwine, for appellee. Mr. Justice NELSON delivered the opinion of the court. 1 This is an appeal from the court of claims. 2 The petition in this case sets forth that Morgan, under a contract with the government, in September, 1861, purchased 522 horses, for which...
154 U.S. 564 14 S. Ct. 1213 19 L. Ed. 256 UNITED STATES v. ALBERT L. MOWRY. No. 186. April 12, 1869. Mr. Justice NELSON delivered the opinion of the court. 1 This is an appeal from the court of claims. 2 The petition of Mowry sets forth that railroad cars were needed on the Pacific Railroad, in Missouri, for the transportation of men and supplies in the military department of the west, then in command of Gen. Fremont; and that on the 22d September, 1861, he made a contract with Chief...
154 U.S. 563 14 S. Ct. 1200 19 L. Ed. 165 WILLIAM R. DUTTON v. JOHN G. PLAIRET et al. No. 184. November 8, 1869. Mr. Chief Justice CHASE delivered the opinion of the court. 1 The same questions substantially are presented in this case as in the case of Bronson v. Rhodes (heretofore decided at this term) 7 Wall. 229 . The principles settled by that judgment require that the judgment of the supreme court of Pennsylvania be affirmed, and it is so ordered. 2 David W. Sellers, for plaintiff in error.
75 U.S. 14 19 L. Ed. 365 8 Wall. 14 DEAN v. YOUNELL'S AMINISTRATOR December Term, 1868 A bill had been filed below to set aside a deed of land for fraud and inadequate consideration. The allegations of fraud were founded wholly upon the circumstance, that the land was sold for Confederate notes. The bill set up also a lien in favor of the vendor of the complainant. The vendor, whose lien was set up, was not made a party, nor was there any allegation of notice to the grantor of the complainant...
154 U.S. 561 14 S. Ct. 1164 19 L. Ed. 273 FINLEY v. ISETT et al. No. 150. April 15, 1869. Mr. Justice MILLER delivered the opinion of the court. 1 In the spring of the year 1865, Sage O. Butler made and delivered to Isett & Brewster, a banking firm of Muscatine, Iowa, his five several promissory notes for $2,000 each, payable to their order in one, two, three, four, and five years from date, and at the same time made and delivered to them a mortgage on certain real estate to secure the payment...
75 U.S. 354 (_) 8 Wall. 354 YOUNG v. MARTIN. Supreme Court of United States. *356 Mr. De Wolfe, for plaintiff in error; Mr. Van Cott, contra. Mr. Justice FIELD delivered the opinion of the court. There is no evidence contained in the transcript that any exceptions were taken to the action of the District Court of the Territory, except such as appears from the minutes of the clerk. These minutes are mere memoranda, stating, in the briefest and most general manner, the proceedings had in court....
75 U.S. 123 (_) 8 Wall. 123 WOODRUFF v. PARHAM. Supreme Court of United States. *124 Messrs. J.A. Campbell and P. Hamilton, for the plaintiffs in error. Mr. P. Phillips, contra. *130 Mr. Justice MILLER delivered the opinion of the court. The case was heard in the courts of the State of Alabama upon an agreed statement of facts, and that statement fully raises the question whether merchandise brought from other States and sold, under the circumstances stated, comes within the prohibition of the...
75 U.S. 333 19 L. Ed. 379 8 Wall. 333 WOOD-PAPER COMPANY v. HEFT. December Term, 1869 ON motion to dismiss an appeal from the Circuit Court for the Eastern District of Pennsylvania. The case was thus: In August, 1865, the American Wood-paper Company filed a bill in the court below to enjoin Heft, Dixon, and other defendants, against infringing certain patents owned by the company for improvements in paper-making; these patents, including one to Watt & Burgess, granted on the 2d July, 1854, the...
74 U.S. 646 (_) 7 Wall. 646 WHITE'S BANK v. SMITH. Supreme Court of United States. *648 Mr. Haddock, for the appellant. Mr. Rogers, contra. *650 Mr. Justice NELSON delivered the opinion of the court. The act of Congress, July 29, 1850, on this subject, of the present case, is as follows: "That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and...
74 U.S. 685 (_) 7 Wall. 685 WHITELY v. SWAYNE. Supreme Court of United States. *686 Mr. Fisher, for the appellant. Mr. Wright, contra. Mr. Justice NELSON delivered the opinion of the court. The plaintiff's title, and the one upon which he must succeed against the defendant, if he succeeds at all, rests upon *687 a patent for improvements in a machine for harvesting clover and grass-seed; which improvements, after a full and fair trial, resulted in unsuccessful experiments, and which were...
78 U.S. 678 (1870) 11 Wall. 678 WHITELEY v. KIRBY. Supreme Court of United States. Mr. S. Fisher, for the appellants; Mr. David Wright, contra. Mr. Justice NELSON delivered the opinion of the court. The patent is for improvements in harvesting and mowing machines, and consists chiefly in this, namely: the construction and combination of two frames, the one for supporting the driving-wheel, and the other for supporting the cutting apparatus, and hinging the same together in such a manner that...
75 U.S. 439 (_) 8 Wall. 439 THE WASHINGTON UNIVERSITY v. ROUSE Supreme Court of United States. Mr. B.R. Curtis, for the appellant; Messrs. Dick and Blair, contra. Mr. Justice DAVIS delivered the opinion of the court. There are no material points of difference between the case just decided and this case, and the views presented in that case are applicable to this. The object of the charter *440 in the one was to promote a charity, in the other to encourage learning. Both were public objects of...
74 U.S. 694 (_) 7 Wall. 694 WASHINGTON COUNTY v. DURANT. [*] Supreme Court of United States. THE record showed that this cause had been brought here from the Circuit Court for Iowa, as on a writ of error, by agreement of parties, and without the issuing or service of such a writ. Coming before this court on a printed argument for the defendant in error, and the fact above-mentioned being observed by the court, the appeal was DISMISSED; the CHIEF JUSTICE stating it to be the opinion of the court,...
75 U.S. 110 (_) 8 Wall. 110 WARING v. THE MAYOR. Supreme Court of United States. *111 Mr. J.A. Campbell, for Waring, the plaintiff in error (a brief of Mr. P. Hamilton being filed). Mr. P. Phillips, contra, maintained &mdash. *113 Mr. Justice CLIFFORD delivered the opinion of the court. Merchants and traders, engaged in selling merchandise in the city of Mobile in the State of Alabama, are required by an ordinance passed by the corporate authorities to pay a tax to the city equal to one-half of...
74 U.S. 447 (_) 7 Wall. 447 WARD v. SMITH. Supreme Court of United States. *449 Messrs. Brown and F.W. Brune, for the plaintiffs in error. Messrs. R.J. and J.L. Brent, contra. *450 Mr. Justice FIELD, after stating the case, delivered the opinion of the court, as follows: The defendants claim that they are entitled to have the amounts they deposited, at the Farmers' Bank in Alexandria, credited to them on the bonds in suit, and allowed as a set-off to the demand of the plaintiff. They make this...
75 U.S. 533 (_) 8 Wall. 533 VEAZIE BANK v. FENNO. Supreme Court of United States. *535 The case coming here, Messrs. Reverdy Johnson and C. Cushing, for the Veazie Bank, contended. Mr. Hoar, Attorney-General of the United States, argued the case fully, contra. *536 The CHIEF JUSTICE delivered the opinion of the court. The necessity of adequate provision for the financial exigencies created by the late rebellion, suggested to the administrative and legislative departments of the government...
75 U.S. 77 (_) 8 Wall. 77 UNITED STATES v. SPEED. Supreme Court of United States. *79 Mr. Dickey, Assistant Attorney-General, for the appellant. Mr. C.F. Peck, contra. *82 Mr. Justice MILLER delivered the opinion of the court. The counsel for the appellant urges eight separate objections to this judgment, which we must notice in the order they are presented. 1. Pork-packing and curing bacon is not a business within the scope of the powers of the Secretary of War, or his subordinates. If by this...
