Talcott v. Waller
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the District of Connecticut. Action at law by James Talcott against Tracy Waller. Judgment for defendant, and plaintiff brings error. This cause comes here upon, appeal from a verdict in favor of defendant, directed by the court.
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In Error to the Circuit Court of the United States for the District of Connecticut. Action at law by James Talcott against Tracy Waller. Judgment for defendant, and plaintiff brings error. This cause comes here upon, appeal from a verdict in favor of defendant, directed by the court. The action was brought to recover damages for the failure of plaintiff’s attorney to properly perfect an appeal from the probate court of Kew London, Conii., fo the superior court of said county. The firm of Atwood & Sons had made an assignment as insolvent debtors, and their estate was in process of settlement…
1Opinion of the CourtEacombe, Circuit Judge
(after stating the facts as above). We concur with Judge Platt in his conclusion that, admitting that defendant was negligent in not perfecting the appeal, plaintiff' has suffered no damage, because, had the appeal been perfected, the result would have been an affirmance of the decision of the probate court.
The New York authorities (Gihon v. Stanton, 9 N. Y. 476; Matter of Atwood, 3 App. Div. 578, 38 N. Y. Supp. 338) correctly state the law, viz., that under such a contract there is nothing owing to the factor until he has sold the goods and they have brought less than his advances. His claim…
2Cases cited4 opinions
- Gihon v. . StantonNew York Court of Appeals · 1854
- Ommen v. TalcottCourt of Appeals for the Second Circuit · 1911
- Balderston v. National Rubber Co.Supreme Court of Rhode Island · 1893
- In re Orlo Atwood & SonsAppellate Division of the Supreme Court of the State of New York · 1896