Legal Opinion

Dermott Noonan v. Midland Capital Corporation

Court of Appeals for the Second Circuit

Decided January 4, 1972No. 269, Docket 71-1130PublishedCited by 29 opinions

1Opinion of the Court

DAVIS, Judge:

In this diversity case, Dermott Noon-an, an experienced accountant and management consultant, sues Midland Capital Corporation, a small business investment company, for failing to fulfill an alleged oral contract to pay him for personal business services. The major defense is that no such agreement was ever made. The trial was to a jury which was unable to agree after prolonged deliberation. The defendant then renewed its motion for a directed verdict which was granted by Judge Frankel because there was no evidence from which a jury could reasonably find the purported agreement…

2Cases cited5 opinions

  1. Eugene O'COnnOr v. The Pennsylvania Railroad CompanyCourt of Appeals for the Second Circuit · 1962
  2. Ernest A. Armstrong v. Commerce Tankers Corp. And Empire Ship Agents & Brokers Corp.Court of Appeals for the Second Circuit · 1970
  3. Geoffrey N. Calvert v. Katy Taxi, Inc., a Corporation, George Austin, Kenneth Hamblin and Geraldine DufekCourt of Appeals for the Second Circuit · 1969
  4. Lifetime Siding, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1966
  5. Diapulse Corporation Of America v. Birtcher CorporationCourt of Appeals for the Second Circuit · 1966

3Cited by29 opinions

  1. Wahpeton Canvas Co. v. Frontier, Inc.Court of Appeals for the Federal Circuit · 1989
  2. Brink's Inc. v. City of New YorkDistrict Court, S.D. New York · 1982
  3. Unijax, Inc. v. Champion International, Inc.Court of Appeals for the Second Circuit · 1982
  4. Headwaters Forest Defense v. County of HumboldtCourt of Appeals for the Ninth Circuit · 2001
  5. Samuels v. Health & Hospitals Corp.Court of Appeals for the Second Circuit · 1979

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