Legal Opinion

In re Lowenthal

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 1921PublishedCited by 13 opinions

Appeal by the petitioner, W. F. George Chemicals, Inc., from three orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of May, 1921, resettling the three orders of the Supreme Court made at the New York Special Term and entered in the office of the clerk of said county on the 25th day of April, 1921, which direct that W. F. George Chemicals, Inc., proceed to arbitrate with Max…

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Appeal by the petitioner, W. F. George Chemicals, Inc., from three orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of May, 1921, resettling the three orders of the Supreme Court made at the New York Special Term and entered in the office of the clerk of said county on the 25th day of April, 1921, which direct that W. F. George Chemicals, Inc., proceed to arbitrate with Max Lowenthal, receiver, of E. F. Drew & Co., Inc., matters arising under three separate contracts numbered B-5090, B-5091 and…

1Opinion of the Court

Greenbaum, J.:

The respondent was appointed receiver of E. F. Drew & Co., Inc., on the 30th day of October, 1920. Three contracts were entered into between E. F. Drew & Co., Inc. and W. F. George Chemicals, Inc., during July and August, 1920.

Two of the contracts in question involved the sale of caustic soda and the third of soda ash. Drew & Co., Inc., agreed to sell and deliver to the W. F. George Chemicals, Inc., at certain prices the goods specified in each contract. A portion of the goods agreed to be sold had been delivered and paid for, when the Drew Company passed into the hands of…

2Cases cited3 opinions

  1. Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
  2. United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
  3. Oliver v. Rumford Chemical WorksSupreme Court of the United States · 1883

3Cited by13 opinions

  1. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  2. Matter of Hosiery Mfrs. Corp. v. . GoldstonNew York Court of Appeals · 1924
  3. Application of Reconstruction Finance Corp.District Court, S.D. New York · 1952
  4. Tanbro Fabrics Corp. v. Deering Milliken, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
  5. Vann v. KreindlerAppellate Division of the Supreme Court of the State of New York · 1980

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