AMERICAN PACKING & PROVISION CO.
v.
UNITED STATES

U.S. | 1941-12-15
No. 735
314 U.S. 694 Supreme Court of the United States (1941) Caution
Cited by 41 cases

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Cited By (41 total)

  • Williams v. Aeroland OIL Co., 155 Fla. 114 (Fla. 1944)
    …nciation of the whole lease as giving rise to a cause of action for such recovery. See Sagamore Corporation v. Willcutt, 120 Conn. 315, 180 A. 464; Bradbury v. Higginson, 162 Cal. 602, 123 P. 797; Hawkinson v. Johnston, 122 F. 2nd 724, Cert. denied, 314 U. S. 694, 62 S. Ct. 365, 86 L. Ed. 555, 137 A.L.R. 420 and annotation, as illustrative of the views expressed. Instead, they sue in an action on the covenant of a lease to pay rents stipulated, as distinguished from an action for damages for the breach of sa…
  • Lane Vaughn v. Progressive Cas. Ins. Co., 907 So. 2d 1248 (Fla. 5th DCA 2005)
    …REVERSED AND REMANDED FOR NEW TRIAL. PETERSON, J., concurs. THOMPSON, J., concurs specially, with opinion. . Barba-Reyes v. United States, 387 F. 2d 91, 93 (9th Cir.1967) (quoting Simon v. United States, 123 F. 2d 80, 83 (4th Cir.), cert. denied, 314 U.S. 694, 62 S.Ct. 412, 86 L.Ed. 555 (1941)); see also Quercia v. United States, 289 U.S. 466, 469, 53 S.Ct. 698, 77 L.Ed. 1321 (1933) ("[T]he judge is not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct and…
  • United States v. Rosenberg, 195 F.2d 583 (2d Cir. 1952)
    …that conflict, and took away defendants’ temporary advantage with the jury, it was an unavoidable incident of his unchallenged power to 'bring out the facts of the case. See, e. g., Simon v. United States, 4 Cir., 123 F. 2d 80, 83, certiorari denied 314 U.S. 694, 62 S.Ct. 412, 86 L.Ed. 555: “It cannot be too often repeated, or too strongly emphasized, that the function of a federal trial judge is not that of an umpire or of a moderator at a town meeting. He sits to see that justice is done in the cases hear…

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