Yates v. Whyel Coke Co.

Citations

• 221 F. 603
• 137 C.C.A. 327
• 1915 U.S. App. LEXIS 1361

Syllabus

<p>1. Appeal and Error @=>1039—Harmless Error—Rulings on Pleadings.</p> <p>A judgment will not be reversed because of the erroneous refusal to require plaintiff to separately state and number his causes of action, where the ruling has not operated prejudicially to the defendant, or deprived him of any substantial right.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4075-4088; Dec. Dig. @=>1039.]</p> <p>2. Courts @=>359—United States Courts—Jurisdiction—Amount in Controversy.</p> <p>The requisite jurisdictional amount, in an action in the federal courts on causes of action no one of which separately would give the court jurisdiction, is controlled by the federal law, and not by state legislation.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 939-949; Dec. Dig. @=>359.]</p> <p>3. Courts @=>328—United States Courts—Jurisdiction—Amount in Controversy.</p> <p>The requisite jurisdictional amount in actions in the federal courts is determined by the aggregate sum for which judgment is sought, and not by the amount named in each cause of action.</p> <p>[Ed. Note.—For oilier cases, see Courts, Cent. Dig, §§ 890-896; Dec. Dig. @=>328.</p> <p>Jurisdiction of federal courts as determined by the amount in controversy, see notes to¡ Auer v. Lombard, 19 C. G. A. 75; Teimet-Stribling Shoe Co. v. Roper, 36 C. C. A. 459; O. J. Lewis Mercantile Co. v. Klepner, 100 C. C. A. 288.]</p> <p>4. Principal and Agent @=>190—Action on Agent’s Contracts—Evidence of Agency.</p> <p>In an action on a contract for the sale of coke between defendant and the P. Co., letters and conversations prior and subsequent to the execution of the contract were properly admitted to show that defendant knew and had long known that plaintiff was the real contracting party and that the P. Co. was its agent.</p> <p>e§=>Kor other eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Principal and Agent, Cent. Dig. §§ 718-7