Butterworth v. Degnon Construction Co.
District Court, S.D. New York
At Law. Action by Frank S. Butterworth, as receiver of the Gilbert Transportation Company, against the Degnon Construction Company. On motion by both parties at the close of the evidence for a directed verdict.
1Opinion of the Court
HOUGH, District Judge.
Gilbert Transportation Company had a contract with defendant for the carriage and delivery of a large quantity of stone. The performance of this contract would have extended over a long time. Before any considerable fraction of the work had been done, the transportation company became insolvent, and Mr. But-terworth was duly appointed receiver.
He was cautious, if not warned, regarding this contract, and never assumed it, but did proceed to transport and deliver a certain quantity of stone, in accordance with its terms, in order to ascertain whether he would assume and…
2Cases cited1 opinion
- Kuebler v. HainesSupreme Court of Pennsylvania · 1910
3Cited by1 opinion
- Savings Bank v. Federal Deposit InsuranceDistrict Court, S.D. New York · 1987