Fechteler v. Palm Bros. & Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Ohio. This is a bill filed to obtain an accounting under a contract between the complainants, comprising a firm engaged in business in the city oi New York under the name and style of Palm, Fechteler & Co., and the defendant, a corporation organized under the law of Ohio, and doing business in Cincinnati under the corporate name of Palm Bros. & Co. This contract bears date of February 17, 1899,…
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Appeal from the Circuit Court of the United States for the Southern District of Ohio. This is a bill filed to obtain an accounting under a contract between the complainants, comprising a firm engaged in business in the city oi New York under the name and style of Palm, Fechteler & Co., and the defendant, a corporation organized under the law of Ohio, and doing business in Cincinnati under the corporate name of Palm Bros. & Co. This contract bears date of February 17, 1899, but took effect from and after January 1,1899, and was for a term of 12 years. The important features are as follows:…
1Opinion of the CourtLurton, Circuit Judge
1. The first ground of demurrer goes to an alleged failure of the complainants to aver performance or excuse for nonperformance of certain acts which they, under the contract, were required to do and perform before they can compel an accounting by defendant. One of these grounds was that each party should deliver to the other, on or before the close of each year, a full and itemized statement or invoice of stock on hand, of assets and liabilities, and a balance sheet of all its business transactions during the year. Another provision required the complainants to employ a capital of not less…
2Cases cited12 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- People v. North River Sugar Refining Co.New York Court of Appeals · 1890
- Davis v. PatrickSupreme Court of the United States · 1887
- Berthold v. GoldsmithSupreme Court of the United States · 1861
7 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
- Community Blood Bank of the Kansas City Area, Inc., a Corporation v. Federal Trade CommissionCourt of Appeals for the Eighth Circuit · 1969
- Excelsior Motor Mfg. & Supply Co. v. Sound Equipment, Inc.Court of Appeals for the Seventh Circuit · 1934
- H. T. Hackney Co. v. Robert E. Lee HotelTennessee Supreme Court · 1927
33 more not listed; retrieve them via the Exa API.