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Fry J was concerned with whether Mr Hallett had a fiduciary relation, given he held as a bailee, and not a trust, strictly speaking. He held the first in first out rule applied, following Pennell v Deffell (1853) 4 De GM&G 372, so that a large proportion of Mrs Cotterrill’s money was in fact already paid out.
The local justice ruled in favor of Post. Pierson appealed the ruling to the New York Supreme Court of Judicature, [Notes 3] which in 1805 reversed the justice's decision and ruled in favor of Pierson. Pierson v. Post is generally considered the most famous property law case in American legal history. [1]
Article III, Section 2, Clause 1 of the Constitution states: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to ...
Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that the United States does not have a general federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions.
Pennoyer v. Neff, 95 U.S. 714 (1878) was a decision by the Supreme Court of the United States in which the Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with process while physically present within the state.
John Rudzewicz was a citizen and resident of the state of Michigan and was the senior partner in a Detroit accounting firm. He was approached by Brian MacShara, the son of a business acquaintance, who suggested that they open a Burger King franchise together.
The claim: California counting ballots two weeks after Election Day is evidence it was ‘rigged’ A Nov. 19 Instagram post (direct link, archive link) claims one state’s lengthy vote-counting ...
Rule 13 of the United States Supreme Court Rules of Procedure requires the losing party in a case before a court of appeals to file a petition for a writ of certiorari within 90 days from the date the court of appeals enters its judgment, or from the date of the denial of a petition for rehearing in the court of appeals. The Sixth Circuit's ...