In re American Knit Goods Mfg. Co.
Court of Appeals for the Second Circuit
Petition to Review and Appeal from Order of the District Court of the United States for the Eastern District of New York. In the matter of the American Knit Goods Manufacturing Company, a bankrupt. On petition of Harding, Whitman & Co. for rescission of certain contracts of sale, and for the return of merchandise delivered to the bankrupts thereunder. The District Court denied the relief prayed (155 Fed. 90G), and petitioner filed a petition to review, and appealed.
1Opinion of the Court
WARD, Circuit Judge.
This is a reclamation proceeding in bankruptcy. November 19, 1904, Harding, Whitman & Co., the petitioners, contracted to deliver to the American Knit Goods Manufacturing Company, the bankrupt, 150,000 pounds of worsted yarns, in certain quantities in certain months. The yarn could not be spun until the Knit Goods Company furnished the necessary specifications. April 11, 1905, they made another contract for delivery of Oxford cotton yarn, and May 3d a third contract for delivery of B.B. cotton yarn. In February, 1905, the Knit Goods Company began negotiations for a…
2Cases cited7 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Smith v. RichardsSupreme Court of the United States · 1839
- Hammond v. . PennockNew York Court of Appeals · 1874
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Doggett v. EmersonU.S. Circuit Court for the District of Maine · 1845
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3Cited by16 opinions
- Sterling Distributors, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1963
- In Re S. W. Straus & Co.Court of Appeals for the Second Circuit · 1933
- New York Life Ins. Co. v. MillerCourt of Appeals for the Eighth Circuit · 1934
- In re New York Commercial Co.Court of Appeals for the Second Circuit · 1915
- Taylor v. Burr Printing Co.Court of Appeals for the Second Circuit · 1928
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