Orr v. Brown

• Decision Date: 17 June 1895
• Docket Number: 380.
• Citation: 69 F. 216
• Parties: ORR et al. v. BROWN et al.
• Court: U.S. Court of Appeals — Fifth Circuit

69 F. 216

ORR et al. v. BROWN et al.

No. 380.

United States Court of Appeals, Fifth Circuit.

June 17, 1895

J. A Orr, for plaintiffs in error.

E. H Bristow, for defendants in error.

Before PARDEE and McCORMICK, Circuit Judges, and BRUCE, District judge.

BRUCE District Judge.

There is but a single assignment of error in the cause, and that is that the court sustained the demurrer, and dismissed the suit at the cost of the plaintiffs. The demurrer was to the declaration of the plaintiffs, alleging for cause that it did not disclose a contract between Orr & Orr and Brown & Lowndes which renders them liable for the demand sued on in this action. The declaration sets out the following correspondence between plaintiffs and defendants, to wit:

'Columbus Miss., September 6th, 1893.

'Brown & Lowndes, P.O. Box 854, Baltimore, Md.-- Gentlemen: Mr. Dashiell, a member of the city government, has just applied to us, to retain us, if terms were agreeable, to resist the final payment of the coupons and bonds of the city of Columbus, paid to the Columbus, Fayette and Decatur R.R. Co.,-- the same on which I brought suit for you and for Messrs. Wilson, Colston & Co. some years ago. Mr. D. informs us that the mayor and aldermen had determined to pay nothing more, and would test the legality of the bonds by suit. Since your Mr. Brown was in Columbus, the writer has severed his connection with the Georgia Pacific, now the Richmond and Danville, and bears a free lance against it. His junior, Sims, is now the assistant secretary of the interior. You perceive the object of this letter. We do not know who the holders of the bonds are, and we desire to communicate with them, so far, at least, to ascertain their wishes as to the attitude they desire us to assume. Will you do us the kindness to confer with them, and notify us if they desire to retain us? With most pleasant recollections of your Mr. Brown, I am, very truly yours, . . . J. A. Orr,

'For the firm of Orr & Orr.'

'J. Wilcox Brown, 'C. D. Lowndes, . . . All Members of Baltimore Stock Exchange. 'Frank T. Redwood.

P.O. Box 65, Telephone Call 547.

'Office of Brown & Lowndes, Bankers & Brokers.

'Stock Exchange Building. . . . 208 E. German Street.

'Baltimore, Sept. 11th, 1893.

'J A. Orr, Esqr., Columbus, Miss.-- Dear Sir: Yours of the 6th inst. rec'd, and our Mr. Brown recalls with pleasure the agreeable relations between himself and your firm. It is a surprise to us to learn that the city proposes to resist the payment of the coupons upon its bonds, and we are obliged to you for giving us the information. We will see the bondholders as soon as we can, and obtain their expression of wish in the matter; but we entertain no doubt of their desiring to have your services, and we shall be obliged if you will kindly hold yourselves ready to represent them. Please be so kind as to let us know what kind of action the city proposes to take, and when. The August coupons were duly paid, and...