Allen Bond v. Hume
Decision Date | 06 March 1917 |
Docket Number | No. 119,119 |
Citation | 243 U.S. 15,37 S.Ct. 366,61 L.Ed. 565 |
Parties | ALLEN BOND and William J. Buttfield, Partners as Bond & Buttfield, v. J. L. HUME |
Court | U.S. Supreme Court |
'This action was instituted in the United States circuit court for the western district of Texas, at Austin, on the 23d day of February, 1910, by Allen Bond and William J. Buttfield, plaintiffs, against J. L. Hume, defendant, to recover the balance due upon an open account for money advanced to defendant, and paid, laid out, and expended for his account, and for services rendered and performed for defendant at his special instance and request at divers times between the 1st day of July, 1907, and the 1st day of June, 1908, at the city, county, and state of New York, in connection with the purchase and sale for defendant's account of cotton for future delivery upon the New York Cotton Exchange, pursuant to the rules, regulations, customs, and usages of said Exchange, and for the amount due upon a certain promissory note executed by defendant, payable to the order of J. W. Buttfield, and by the latter assigned to the firm of Bond and Buttfield.
'The plaintiffs' first-amended original petition contains the following allegations:
'The by-laws of the New York Cotton Exchange pleaded by the plaintiffs contain the following provision:
"The cotton to be of any grade from Good Ordinary to Fair, inclusive, and if tinged or stained not below Low Middling Stained (New York Cotton Exchange inspection and classification) at the price of ___ cents per pound for middling, with additions or deductions for other grades according to the rates of the New York Cotton Exchange existing on the day previous to the date of the transferable notice of delivery.'
'To this pleading the defendant, in the lower court, interposed the following exceptions:
'Upon this record the court below entered the following order:
"Thereupon came on to be heard the demurrers and exceptions of defendant to plaintiffs' amended petition, and the same having been heard and duly considered, it is the opinion of the court that said demurrers and exceptions should be sustained, and it is accordingly so ordered, and the plaintiffs declining to amend, it is further ordered that said cause be and the same is hereby dismissed at the cost of plaintiffs, to which order of the court sustaining said demurrers and exceptions, and dismissing said cause, the plaintiffs in open court excepted."
Messrs. Charles Pope Caldwell and W. D. Caldwell for Bond et al.
No brief was filed for Hume.
Statement by Mr. Chief Justice White:
Mr. Chief Justice White, after stating the contents of the certificate of the court below as above reproduced, delivered the opinion of the court:
The question as to which the court below desires to be instructed upon the case as stated in the foregoing certificate is this:
'Where a contract between a...
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