Legal Opinion

American Engineering Co. v. Metropolitan By-Products Co.

Court of Appeals for the Second Circuit

Decided June 28, 1920No. 238PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Eastern District of New York. Suit by the American Engineering Company against the Metropolitan By-Products Company, Incorporated, asking for the appointment of receivers. From an order of the special master, disallowing in part the claim of the New York Sanitary Utilization Company, that claimant and others appeal.

1Opinion of the Court

WARD, Circuit Judge.

November 28, 1916, the Sanitary Company entered into a lease of its garbage plant and equipment of boats, tools, horses, mules, wagons, etc., at Barron Island; Kings county, N. Y., to the Metropolitan By-Products Company, Incorporated, for a term of two years from January 1, 1917, for an aggregate rent of $500,000; $62,500 payable quarterly in advance on the 1st days of January, April, July, and October. The material provisions are:

“Third. The lessee agrees to keep all buildings, machinery, boats, and other appliances, including all personal property leased hereunder, in…

2Cases cited8 opinions

  1. Thomas v. Western Car Co.Supreme Court of the United States · 1893
  2. McCready v. . LindenbornNew York Court of Appeals · 1902
  3. Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1914
  4. Lamson Consol. Store Service Co. v. BowlandCourt of Appeals for the Sixth Circuit · 1902
  5. Cohen v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1908

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3Cited by2 opinions

  1. American Engineering Co. v. Metropolitan By-Products Co.Court of Appeals for the Second Circuit · 1921
  2. United States v. FornessDistrict Court, W.D. New York · 1941

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