A Synopsis of the Law of Contract (Classic Reprint)
(Excerpt from A Synopsis of the Law of Contract
It is hop...)
Excerpt from A Synopsis of the Law of Contract
It is hoped that to many of Judge Thayer's old friends and former associates of the Bench and Bar, and especially to the present law students, this Synapsis of the Law of Contract will be found a handy book of reference and information upon this most important legal subject.
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Amos Madden Thayer was a United States federal judge.
Background
Thayer was born at Mina, Chautauqua County, N. Y. He was a descendant of Thomas Thayer who emigrated from Braintree, Essex, England, to Braintree, Massachussets, before 1647. His parents were Ichabod Thayer, a farmer, and Fidelia (La Due) Thayer.
Education
After attending Westfield Academy he entered Hamilton College, graduating in 1862.
Career
From August 1862 until August 1865 he was in the Federal military service, first as a second lieutenant of the 112th New York Volunteers and eventually as chief signal officer of the Department of the Susquehanna, with the brevet rank of major.
In 1866 he moved to St. Louis, Mo. , where, after studying law for two years in the office of a maternal uncle, he was admitted to the bar. In 1876, as a Democrat, he was elected judge of the circuit court of St. Louis and in 1882 was reelected, but resigned in 1887 to accept appointment by President Cleveland as federal judge for the eastern district of Missouri. In 1894 he was elevated to the position of federal circuit judge for the eighth circuit.
Meanwhile, in 1890, upon the urging of William Gardiner Hammond, he had become a teacher at the Law School of Washington University, St. Louis. From this time until his death he helped in the important work of changing typical American legal education from an apprentice system into a university process.
His written opinions, generally short and concise, can be found in volumes 30 to 134 of the Federal Reporter. The two most notable are those in Hopkins vs. Oxley Stave Company and United States vs. Northern Securities Company, both involving the law of conspiracy. In the first of these cases (1897) the common law of conspiracy was made effective by injunction against members of a labor union. In the latter case (1903) the statutory law of conspiracy in interstate commerce was made effective by injunction against an impressive group of railroad corporations and prominent financiers. Thayer's opinion was afterwards affirmed by the United States Supreme Court.
Thayer published for the use of law students Jurisdiction of the Federal Courts (1895) and A Synopsis of the Law of Contract (1897). His address before the American Bar Association on the Louisiana Purchase presented the orthodox constitutional justification for the federal policy adopted in developing the vast territory ceded to the United States by France in 1803.
Achievements
As a federal judge, Thayer made a deep and favorable impression on the lawyers of his generation by reason of his patience, impartiality, thorough study of facts, and especially his ability to adjust the doctrine of stare decisis to the changing needs of society.