Legal Opinion

American Engineering Co. v. Metropolitan By-Products Co.

Court of Appeals for the Second Circuit

Decided June 23, 1921No. 261PublishedCited by 10 opinions

Appeal from the District Court of the United States f&r the Eastern District of New York. Suit by the American Engineering Company against the Metropolitan By-Products Company, Inc. From a decree distributing the fund after appointment of receiver, the Title Guarantee & Trust Company, as trustee, the Columbia Trust Company, as trustee, Prank Bailey and others, as a committee of bond holders and preferred note holders, and Robert H. Davis and another, as a committee of…

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Appeal from the District Court of the United States f&r the Eastern District of New York. Suit by the American Engineering Company against the Metropolitan By-Products Company, Inc. From a decree distributing the fund after appointment of receiver, the Title Guarantee & Trust Company, as trustee, the Columbia Trust Company, as trustee, Prank Bailey and others, as a committee of bond holders and preferred note holders, and Robert H. Davis and another, as a committee of general creditors, appeal.

1Opinion of the Court

WARD, Circuit Judge.

December 22, 1915, the city of New York advertised for bids for a contract to dispose of its garbage for five years.

April 1st the firm of Gaffney, Gahagan & Van Etten arranged with the banking firm of J. H. McClement & Co. that if they were awarded the contract by the city they would organize a company to carry it out, and the bankers agreed to buy $1,000,000 of the first mortgage bonds of the company for $950,000 and to sell second mortgage bonds to the amount of -$800,000 for cash. For the protection of the bondholders it was further agreed that the bankers or a trust…

2Cases cited2 opinions

  1. In re J. B. & J. M. Cornell Co.District Court, S.D. New York · 1912
  2. Westinghouse Electric & Mfg. Co. v. Brooklyn Rapid Transit Co.Court of Appeals for the Second Circuit · 1919

3Cited by10 opinions

  1. The WabashDistrict Court, D. Connecticut · 1922
  2. American Engineering Co. v. Metropolitan By-Products Co.Court of Appeals for the Second Circuit · 1921
  3. Mid-Continent Supply Co. v. ConwayCourt of Appeals of Texas · 1951
  4. Cox v. SnowIdaho Supreme Court · 1929
  5. Rhode Island Hospital Trust Co. v. S. H. Greene & Sons Corp.Supreme Court of Rhode Island · 1929

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