Eames v. H. B. Claflin Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. .Creditor’s bill by John C. Eames against the H. B. Claflin Company. From an order of the District Court, requiring Hathaway, Smith, Folds & Co-. to surrender- notes of the defendant in their possession, and on which they claimed a lien, the lien claimants appeal.
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Appeal from the District Court of the United States for the Southern District of New York. .Creditor’s bill by John C. Eames against the H. B. Claflin Company. From an order of the District Court, requiring Hathaway, Smith, Folds & Co-. to surrender- notes of the defendant in their possession, and on which they claimed a lien, the lien claimants appeal. Appeal by Hathaway, Smith, Folds & Co. (hereinafter called Hathaway) from a final order entitled in the equity suit above named. The suit aforesaid is a creditor’s bill to conserve, collect and distribute to those entitled the property of H.…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Appellants herein urge that four propositions be resolved in their favor: (1). That the custom or usage of selling commercial paper with option *634of return be recognized and accepted; (2) that Hathaway & Co. be held to have promised repayment to the Corn Exchange Bank from their own funds, if the option was exercised and paper returned; (3) that such a payment as Hathaway made to the bank is as matter of law an advance on account of the principal; and (4) that to the extent of such payment they are entitled to a general lien upon all Claflin’s. property in…
2Cases cited13 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Matter of HeinsheimerNew York Court of Appeals · 1915
- United States v. VillalongaSupreme Court of the United States · 1874
- Adams v. OtterbackSupreme Court of the United States · 1854
- Union Trust Co. of New York v. . WhitonNew York Court of Appeals · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harper v. HochstimCourt of Appeals for the Second Circuit · 1921
- Pan-American Bank & Trust Co. v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1925
- Nicoll v. Pittsvein Coal Co.Court of Appeals for the Second Circuit · 1920
- United States Shipping Board Emergency Fleet Corp. v. LevensalerDistrict Court, District of Columbia · 1923
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.District Court, S.D. New York · 1924
3 more not listed; retrieve them via the Exa API.