Pearce v. Ham | |
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Argued January 9, 1885 Decided March 2, 1885 | |
Full case name | Pearce & Another v. Ham |
Citations | 113 U.S. 585 ( more ) 5 S. Ct. 676; 28 L. Ed. 1067 |
Court membership | |
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Case opinions | |
Majority | Woods, joined by unanimous |
Pearce v. Ham, 113 U.S. 585 (1885), was an appeal from the Circuit Court of the United States for the Southern District of Illinois regarding a bill filed by Charles I. Ham, the appellee, against Isaac N. Pearce and Andrew J. Kuykendall, the appellants. Originally, one Joseph K. Frick contracted with the County Court of Johnson County in the State of Illinois, where he agreed to build, according to certain plans and specifications, a courthouse for said county at Vienna, the county seat, furnishing the material and completing it by the first Monday of September 1870, in consideration whereof the county court agreed to pay him $38,357 in the bonds of Johnson county, bearing ten percent interest, and due in six years. Frick never did any work on the building, and, owing to some misunderstanding with the county court, abandoned the contract and told Kuykendall that he might go on and build the courthouse if he chose to do so. On September 9, 1869, Kuykendall, as the agent and attorney in fact of Frick, assigned the contract of the latter to Ham and Pearce, Ham being the appellee, and Pearce one of the appellants, who had formed a partnership for the purpose of building the courthouse under said contract. [1]
The United States District Court for the Southern District of Illinois is a Federal district court covering approximately the southern third of the state of Illinois.
Johnson County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 12,582. Its county seat is Vienna. It is located in the southern portion of Illinois known locally as "Little Egypt".
Vienna is a city in Johnson County, Illinois, United States. The population was 1,434 at the 2010 census. It is the county seat of Johnson County and the site of two well-known state penitentiaries.
Frick contracted with a county to construct a public building, and gave bond with Kuykendall as surety for the performance of the contract. Frick abandoned the contract. After procuring some modifications in it at request of Ham, Kuykendall assigned the contract to Pearce and Ham as partners with equal interests. Pearce and Ham agreed with Wickwire to construct the building. Ham then left the vicinity and engaged in other work elsewhere. Wickwire constructed the building. Kuykendall received the compensation under the original contract, paid Wickwire in full for the work done by him, and divided the profits with Pearce, claiming to be partner. Held that Ham could recover one-half of the profits from Pearce and from Kuykendall.
The object of the suit was to obtain an account of what was due to Ham by virtue of his said partnership and partnership enterprise, and that Pearce and Kuykendall might be decreed to pay him what might be found due on such accounting either in cash or Johnson county bonds.
Upon final hearing upon the pleadings and evidence, the circuit court rendered a decree in favor of Ham against Kuykendall and Pearce for $5,001. The appeal of Kuykendall and Pearce brings that decree under review.
The high court found that The entire profits were appropriated by Pearce and Kuykendall, and they must account to Ham for his share and the Decree was affirmed.
Pullman Palace Car Co. v. Speck, 113 U.S. 84 (1885), was an appeals case from the circuit court for the Northern district of Illinois a case that had been removed from that court. The appeal was on the grounds that while a party who has a case for removal is not put to his election to exercise or abandon the right to remove at the moment of entering his appearance, he is not permitted unreasonably to delay this election during all the period incident to the preparation of the case, until both parties find themselves in condition to go to trial at law.
Rowell v. Lindsay, 113 U.S. 97 (1885), was a bill brought by the appellants, John S. Rowell and Ira Rowell, the plaintiffs in the circuit court. The bill was in equity against Edmund J. Lindsay and William Lindsay, the appellees, to restrain the infringement of reissued letters patent No. 2,909, dated March 31, 1868, granted to the plaintiffs for 'a new and improved cultivator.
Central Railroad & Banking Co. of Ga. v. Pettus, 113 U.S. 116 (1885), was an appeal from a decree of the Circuit Court of the United States for the Middle district of Alabama in favor of the appellees, Pettus & Dawson and Watts & Sons, adjudging them entitled to the sum of, 161.21, and interest thereon at eight percent per annum from March 7, 1881, with lien, to secure its payment, upon the roadbed, depots, side tracks, turnouts, trestles, and bridges owned and used by the appellants, corporations of the State of Georgia, in operating the railroad formerly belonging to the Montgomery and West Point Railroad Company, an Alabama corporation, and which extends from Montgomery to West Point with a branch from Opelika to Columbus. This property was directed to be exposed to sale unless within a given time the said amount was paid. This suit is the outgrowth of certain litigation in the courts of Alabama relating to the before-mentioned and other railroad property in which the appellants are interested.
Nashville, Chattanooga & St. Louis Railway Co. v. United States, 113 U.S. 261 (1885), regarded a suit brought by the United States against a railroad company, Nashville, Chattanooga and St. Louis Railway, to recover monies paid for delivery of United States mail in Tennessee from March 31 to June 8, 1861.
Sully v. Drennan, 113 U.S. 287 (1885), was an appeal from an order of the Circuit Court for the Southern District of Iowa remanding to the state court a case which had been removed from the state into the circuit court. The suit was brought originally in the district court of the state by James N. Drennan and others, taxpayers of Prairie Township, in the County of Mahaska.
Pneumatic Gas Co. v. Berry, 113 U.S. 322 (1885), was a case regarding a decree whereby a director of a corporation can be released by that corporation of all claims, equitable or otherwise, arising out of transactions under a contract between the corporation and the director made in excess of its corporate powers is valid, if made in good faith and without fraud or concealment.
Morgan v. Hamlet, 113 U.S. 449 (1885), was a bill in equity filed by the appellants, September 3, 1879.
Peugh v. Davis, 113 U.S. 542 (1885), was a suit in equity for redeeming unoccupied and unenclosed city lots from a mortgage, continued from a case brought to the high court during the October 1877 term, the question then was whether certain instruments of writing, made by Peugh to Davis constituted an absolute conveyance of lots in the District of Columbia or were in the nature of a mortgage security for loan of money. The court was of opinion that, on all the facts of the case, the latter was the true construction of the transaction between the parties. Respondent defended against complainant's claim to redeem by setting up that the alleged mortgage was an absolute conveyance. This being decided adversely, held that, in accounting as mortgagee in constructive possession, he was not liable for a temporary speculative rise in the value of the tract, which subsequently declined—both during the time of such possession.
California Artificial Stone Paving Co. v. Molitor, 113 U.S. 609 (1885), involved a bill that was filed by the appellant against the appellee complaining that the latter was infringing on a letters patent granted to one John J. Schillinger, and which had been assigned for the State of California to the complainant.
Camp v. United States, 113 U.S. 648 (1885), was an action brought by the appellant on April 13, 1869 to recover a balance alleged to be due as compensation for collecting and delivering to the United States a large amount of cotton in bales which was captured and abandoned property within the meaning of the acts of Congress. He claimed to have performed the services in question under an arrangement or agreement with an agent of the US Treasury Department which the Secretary of the Treasury subsequently recognized as a valid contract with the government. He admits certain payments on his claim, and asks judgment for the further sum of $80,000. The court below dismissed his petition.
Flagg v. Walker, 113 U.S. 659 (1885), regards a case where the deeds for several parcels of land were transferred from Flagg, who was in financial difficulty, to Walker in return for paying off Flagg's debts and profits from the sale against a mortgage for other property owned by Flagg.
Blake v. City and County of San Francisco, 113 U.S. 679 (1885), was an appeal from a decree that dismissed a bill filed by the appellant to restrain the infringement by the appellees of reissued letters patent granted to the appellant as the assignee of original letters patent issued to Thomas H. Bailey. The original patent was dated February 9, 1864, and the reissue September 18, 1877. They were for "a new and improved valve for water cylinders of steam fire engines and other pump cylinders." The specification, which was substantially the same in both patents, stated that previous to the invention therein described, the only valve used to relieve the pressure upon fire hose to prevent them from bursting was one operated by hand. To obviate the defects of such a valve, the inventor applied at some point between the engine or pump and the hose nozzle a valve which opened automatically by the pressure in the hose or the pump cylinder, so as to discharge an additional stream and thereby relieve the pressure.
Fourth National Bank of St. Louis v. Stout, 113 U.S. 684 (1885), was a suit in equity begun by Stout, Mills & Co., judgment creditors of the Yeager Milling Company, to recover from the Fourth National Bank their pro rata share of certain property of the debtor company which was in the hands of the bank.
United States v. Indianapolis & St. Louis Railroad Co., 113 U.S. 711 (1885), regarded a suit that was brought to foreclose mortgages given to secure bonds issued by the Indianapolis and St. Louis Railroad Company. A final decree of foreclosure having been passed, the mortgaged property was sold, and the sale was confirmed by the court. The United States intervened by petition, and asked that certain sums, alleged to be due to the government on account of taxes, be first paid out of the proceeds.
Carter v. Burr, 113 U.S. 737 (1885), was a case regarding a promissory note that was held by the appellee which secured by mortgage of premises in the City of Washington, DC to the appellant, to decide whether other transactions regarding the property would pay this note, or if it would instead remain in force, along with the right to participate in the proceeds arising from a sale under the mortgage.
The Hancock County Courthouse is a historic courthouse in Findlay, Ohio, United States. Built between 1886 and 1888, it was listed on the National Register of Historic Places in 1973. The building, as planned in 1885, was to replace a previous brick courthouse located at the same site. When oil and natural gas were discovered in Hancock County shortly thereafter, the Courthouse was given many of its unique and eclectic stylings. On April 17, 1885 the Ohio Legislature authorized the construction of a new courthouse for Hancock County, raising $100,000 in bonds. The cornerstone was laid on August 11, 1886. W.H. Campfield won the initial bid to construct the courthouse enclosure and that was completed by November 1886. Campfield again won the bid for the completion of the project. Amidst delays the project soared from an estimate of $121,890.25 to $305,272.53.
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