Legal Opinion

Bankers' Trust Co. of New York v. T. A. Gillespie Co. of New Jersey

Court of Appeals for the Fourth Circuit

Decided July 13, 1910No. 950PublishedCited by 4 opinions

Appeal from the Circuit Court of the United States for the Western District of North Carolina. Ancillary bill filed by the T. A. Gillespie Company of New Jersey in a creditors’ suit against the Whitney Company and others. Decree for the Gillespie Company, from which the Bankers’ Trust Company of New York, trustee, appeals.

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Appeal from the Circuit Court of the United States for the Western District of North Carolina. Ancillary bill filed by the T. A. Gillespie Company of New Jersey in a creditors’ suit against the Whitney Company and others. Decree for the Gillespie Company, from which the Bankers’ Trust Company of New York, trustee, appeals. On the 29th of December, 1904, a contract was entered into between the T. A. Gillespie Company, a New Jersey corporation, and the Whitney Company, a corporation under the laws of North Carolina, for the construction of a canal, dam, and structures on the Yadkin river at or…

1Opinion of the CourtBoyd, District Judge

(after stating the facts as above). As will be seen, the work contemplated by the contract between the Whitney Company and the T. A. Gillespie Company, the contractor and present appellee, was the erection of a plant for the generation of electric power on a large scale, and its distribution over a wide scope of territory. The project may be said to have been a gigantic one, and it required a great deal of labor, immense quantities of materials, supplies, and appliances, and involved the expenditure of a large sum of money. We have given a general outline of the principal facts in the…

2Cases cited10 opinions

  1. Noel v. . MurrayNew York Court of Appeals · 1855
  2. Lyman v. President of the Bank of the United StatesSupreme Court of the United States · 1852
  3. Lookout Lumber Co. v. Mansion Hotel & Belt Railway Co.Supreme Court of North Carolina · 1891
  4. Chadbourn v. . WilliamsSupreme Court of North Carolina · 1874
  5. Burr v. . MaultsbySupreme Court of North Carolina · 1888

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3Cited by4 opinions

  1. United States v. Johnson, Smathers & RollinsCourt of Appeals for the Fourth Circuit · 1933
  2. Southern Surety Co. v. Mobile Nat. BankSupreme Court of Alabama · 1931
  3. Maxwell v. Holmesville Mill & Power Co.Court of Appeals for the Eighth Circuit · 1916
  4. Union Cent. Life Ins. v. MatthewCourt of Appeals for the Ninth Circuit · 1929

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