Rumford Chem. Works v. Hygienic Chem. Co., 215 U.S. 156 (1909)

Rumford Chemical Works v. Hygienic Chemical Company

Nos. 9

, 121

Argued November 1, 1909
Decided November 29, 1909
215 U.S. 156

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE SECOND CIRCUIT

Syllabus

Although in subsequent cases a party may have proved his facts, the question, when here, must be decided on the evidence below in the particular case.

Although one not a party may have contributed to the expenses of a former suit by reason of business or indirect interest, if it is not shown he had any right to participate in the conduct of the case, he is not bound as a privy.

Where the circuit court and circuit court of appeals of the same circuit agree on certain facts, this Court will not reverse the finding in a case coming from that circuit notwithstanding the same fact may not have been found by the courts of another circuit.

154 F. 65 affirmed; 157 F. 436 reversed.

The facts are stated in the opinion.