United States ex rel. Hudson River Stone Supply Co. v. Molloy
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Writ of error to review’ the action of the United States Circuit Court for the Southern District of New York, in directing a verdict for defendants, rendering a judgment on the merits in their favor and ordering that the complaint be dismissed.'
1Opinion of the Court
TOWNSEND, Circuit judge.
This case has already been before this court on a writ of error from a direction of a verdict for defendants (127 Fed. 953, 62 C. C. A. 585), and the opinion therein sufficiently states the facts bearing on this controversy and the relations of the parties, so far as they were shown on the former trial. Upon this trial it appeared that plaintiff had failed to keep the defendants supplied with stone “as required,” in accordance with the terms of the express contract. The court held that the contract had not been fulfilled, and directed a verdict for defendants.
The…
2Cases cited35 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Smith v. . BradyNew York Court of Appeals · 1858
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- McKnight v. DunlopNew York Supreme Court · 1848
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
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3Cited by5 opinions
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- Vance v. Forty-Eight Star MillNew Mexico Supreme Court · 1949