Florence Mfg. Co. v. Dowd
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Florence Manufacturing Company against John C. Dowd and James H. Dowd. Decree for complainant, and defendants appeal.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Florence Manufacturing Company against John C. Dowd and James H. Dowd. Decree for complainant, and defendants appeal. A decree of the Circuit Court for the Southern District of New York was entered May 33. 3910, in favor of the complainant for an accounting and an injunction. ' The case is also here on a motion by complainant to dismiss the appeal on the ground that it was no! taken in time. The original decree entered herein dismissed the bill. 171 Fed. 122. An appeal was taken to…
1Opinion of the Court
COXE, Circuit Judge.
The mandate directing that a decree be entered in accordance with the decision of this court is dated April 21, 1910. On May 13, 1910, a decree was entered in the Circuit Court without objection by the defendants although a copy of the decree with notice of settlement was served upon defendants’ solicitor. After the settlement of the decree the defendants’ solicitor agreed upon Mr. Shields as master to take the accounting and was present at the hearings before the master on May 25th, June 10th, July 13th and 14th. The defendants appeared, filed their account, and submitted…
2Cases cited1 opinion
- N. K. Fairbank Co. v. WindsorCourt of Appeals for the Second Circuit · 1903
3Cited by3 opinions
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Wolf Bros. & Co. v. Hamilton-Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1913
- Municipal Street Sign Co. v. City Street Sign Corp.District Court, E.D. New York · 1940