Field v. Bigelow was a case heard by the United States Supreme Court in 1866. The plaintiff, Field, had purchased a house from Bigelow and then discovered that it was subject to an easement for public use of the land surrounding it as part of a road. Field sued Bigelow for damages due to this encumbrance on his property rights, but lost at trial court level. On appeal to the US Supreme Court, Justice Swayne wrote the majority opinion affirming the lower court's decision and holding that since there were no express terms in their contract regarding any such easement or other encumbrances on title, Field could not recover damages from Bigelow based solely upon his failure to disclose them prior to sale. He further noted that while parties may be able to agree between themselves about matters relating to title which are beyond what is required by law (such as warranties), they must do so explicitly if either party wishes those agreements enforced; otherwise they will remain unenforceable under general principles of contract law.

In Field v. Bigelow, the Supreme Court was asked to decide whether a state court had jurisdiction over an action brought by a citizen of one state against another in a different state. The majority opinion held that the Constitution did not grant states such authority and thus it could not be exercised without violating the rights of citizens under Article IV, Section 2 of the Constitution. Justice Swayne dissented from this decision on two grounds: first, he argued that Congress had granted states such power through its legislation; second, he contended that even if Congress had not done so explicitly, it should have been implied because allowing for suits between citizens of different states would promote justice and harmony among them. He concluded his dissent with an admonition to “not forget our obligations as members of one great confederacy” and urged his colleagues to recognize their duty to protect interstate commerce by upholding state court jurisdiction over cases involving out-of-state parties.