Gardiner v. Equitable Office Bldg. Corp.
Court of Appeals for the Second Circuit
Appeal from and in Error to the District Court of the United States for the Southern District of New York. Action by Bentley Gardiner and Mary Elsie Gardiner, executors of the will of George N. Gardiner, deceased, against the Equitable Office Building Corporation. Complaint dismissed, and plaintiffs bring error and appeál. The plaintiffs are citizens of the state of New Jersey and the defendant is a corporation organized under the laws of the state of New York.
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Appeal from and in Error to the District Court of the United States for the Southern District of New York. Action by Bentley Gardiner and Mary Elsie Gardiner, executors of the will of George N. Gardiner, deceased, against the Equitable Office Building Corporation. Complaint dismissed, and plaintiffs bring error and appeál. The plaintiffs are citizens of the state of New Jersey and the defendant is a corporation organized under the laws of the state of New York. The action is brought for breach of contract, and damages in the sum of $200,000 are asked, together with interest thereon from April…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This is the third time that the subject-matter of this litigation has been before this court. It came here first in Du Pont v. Gardiner, 238 Fed. 755, 151 C. C. A. 605. We held at that time .that an injunction was improperly granted restraining Gardiner from maintaining an action at law against Du Pont. All that we decided in that case was that in an action brought on a contract which was not under seal it was a good defense at law that the contract was induced by fraudulent representations. The matter came here next in Gardiner v. Du Pont, 250 Fed. 227,…
2Cases cited33 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Vulcan Detinning Co. v. American Can Co.Supreme Court of New Jersey · 1907
- Weatherford, Mineral Wells & Northwestern Railway Co. v. GrangerTexas Supreme Court · 1894
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
28 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Clifton v. TombCourt of Appeals for the Fourth Circuit · 1927
- Tulsa Tribune Co. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1932
- Glass v. Newport Clothing Co.Supreme Court of Vermont · 1939
- Villar & Co. v. CondeCourt of Appeals for the First Circuit · 1929
- In Re GubelmanCourt of Appeals for the Second Circuit · 1926
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