Miller v. Continental Shipbuilding Corp.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by G. Alfred Miller against the Continental Shipbuilding Corporation. Judgment for defendant, and plaintiff brings error. The action was originally brought in the Supreme Court of the state of New York in the county of Richmond. It was removed into the United States District Court on the ground of diversity of citizenship.
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In Error to the District Court of the United States for the Eastern District of New York. Action by G. Alfred Miller against the Continental Shipbuilding Corporation. Judgment for defendant, and plaintiff brings error. The action was originally brought in the Supreme Court of the state of New York in the county of Richmond. It was removed into the United States District Court on the ground of diversity of citizenship. The plaintiff is a resident of the state of New York, in the county of Richmond. The defendant is a corporation organized and existing under the law of the state of Delaware.…
1Opinion of the CourtRogers, Circuit Judge
(after stating the .facts as above). This action was brought for money had and received, upon a contract rescinded by plaintiff because of alleged false representations. The contract, which plaintiff entered into in his own name, was in fact made on behalf of his principal in Morocco; but that fact was not disclosed at the time the contract was signed, and is not material in the decision of the case. The contract called for the construction of “one 1,500-ton D. W. wooden steamer,” according to plans and specifications annexed to the contract, and was to be especially adapted for carrying coal…
2Cases cited2 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Press Pub. Co. v. MonteithCourt of Appeals for the Second Circuit · 1910
3Cited by10 opinions
- Jennings v. United StatesCourt of Appeals for the Fifth Circuit · 1934
- Community Natural Gas Co. v. HenleyCourt of Appeals for the Fifth Circuit · 1931
- B. v. Emery & Co. v. WilkinsonCourt of Appeals for the Tenth Circuit · 1934
- Equitable Life Assur. Soc. of the United States v. StinnettCourt of Appeals for the Sixth Circuit · 1926
- International Harvester Co. of America v. RiekeCourt of Appeals for the Eighth Circuit · 1925
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