American Shipbuilding Co. v. Commonwealth S. S. Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; Wm. E. Day, Judge. Two suits in equity by the Commonwealth Steamship Company against the American Shipbuilding Company. Decrees for complainant (197 Fed. 797) and defendant appeals. These are companion cases to American Shipbuilding Company v. Commonwealth Steamship Company, 215 Fed. 296,-C. C. A. —-, No. 2483, an opinion in which is this day filed.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; Wm. E. Day, Judge. Two suits in equity by the Commonwealth Steamship Company against the American Shipbuilding Company. Decrees for complainant (197 Fed. 797) and defendant appeals. These are companion cases to American Shipbuilding Company v. Commonwealth Steamship Company, 215 Fed. 296,-C. C. A. —-, No. 2483, an opinion in which is this day filed. The controlling facts are so closely analogous to the facts in that case as not to require further statement, except in one particular.…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). Upon this state of facts, defendant urges that the sale of their steamers by the Cuyahoga Company and the Milwaukee Company, before these companies had elected to rescind the purchase from the defendant, did not give to their vendee, the Commonwealth Company, any power to exercise such an election. Plaintiff insists that each of its assignor companies had been defrauded, and that the right to pursue any appropriate remedy for this fraud passed to it by assignment; defendant concedes this position as to the right to sue for damages for the fraud, but denies…
2Cases cited3 opinions
- Shadford v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1902
- Congregation of the Roman Catholic Church of Ascension v. Texas & P. Ry. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1890
- Williams v. American Ass'nCourt of Appeals for the Sixth Circuit · 1912
3Cited by4 opinions
- Aspinook Corp. v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1950
- A. B. Dick Co. v. FullerDistrict Court, S.D. New York · 1923
- C. A. Carlson Co. v. HerrmannDistrict Court, N.D. Illinois · 1949
- Cable Co. v. CommissionerUnited States Board of Tax Appeals · 1942