GUFFEY
v.
SUSANNAH SMITH
GUFFEY
SUSANNAH SMITH
237 U.S. 120
Supreme Court of the United States (1915)
Caution
Also reported at: 59 L. Ed. 856 · 35 S. Ct. 526 · SCDB 1914-066 · 1915 U.S. LEXIS 1316
Cited by 41 cases
Opinion of the Court
Mr. Justice Van Devanter delivered the opinion of the court.
This ease is in all'material respects like that of Guffey v. James A. Smith, just decided. The two cases were argued together and the views expressed in that are decisive of this.
The decrees below are reversed and the case is remanded to the District Court with like directions as in that case.
Decree reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (40 total)
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Reuben J. Katz v. Carte Blanche Corp., 496 F.2d 747 (3d Cir. 1974)…mination may be postponed and late opting is permitted. Compare Guaranty Trust Co. v. York, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945), with Hanna v. Plumer, 380 U.S. 460, 85 S.Ct. 1136, 14 L. Ed.2d 8 (1965). Cf. Guffey v. Smith, 237 U.S. 101, 35 S.Ct. 526, 59 L.Ed. 856 (1915). Such class actions are comparatively rare. But see Zahn v. International Paper Co., supra. Early notice in many diversity cases may have no adverse effects on the defendant. Moreover Blonder-Tongue probably will be followed in…
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York v. Guar. Tr. Co. of N.Y., 143 F.2d 503 (2d Cir. 1944)…. Justice Brandéis, the arch enemy of Swift v. Tyson, enthusiastically endorsed the “remedial rights” doctrine in Pusey & Jones Co. v. Hanssen, 261 U.S. 491, 43 S.Ct. 454, 67 L.Ed. 763,38 which cited with approval Guffey v. Smith, 237 U.S. 101, 114, 35 S.Ct. 526, 59 L.Ed. 856, one of the leading cases upholding that doctrine.39 Mr.. Justice Holmes who, in Kuhn v. Fairmont Coal Co., 215 U.S. 349, 370, 30 S.Ct. 140, 54 L.Ed. 228, had sharply criticized Swift v. Tyson, five years later concurred in Guffey v. S…1 / 3
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Ohio Oil Co. v. Sharp, 135 F.2d 303 (10th Cir. 1943)…the property rights of another, while acting in the good faith and honest belief that he had the lawful and legal right to do so, is regarded as an innocent trespasser and liable only for the actual damages sustained. Guffey v. Smith, 237 U.S. 101, 35 S.Ct. 526, 59 L.Ed. 856; Barnes v. Winona Oil Co., 83 Okl. 253, 200 P. 985, 23 A.L.R. 189; American Surety Co. v. Marsh, supra; Bender v. Brooks, supra; American Sand & Gravel Co. v. Spencer, 55 Ind.App. 523, 103 N.E. 426; Pittsburgh & West Virginia Gas Co. v…
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