Smith v. Standard Sanitary Mfg. Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by James Milne Smith against the Standard Sanitary Manufacturing Company. There was a judgment dismissing the complaint, and plaintiff brings error.
1Opinion of the Court
ROGERS, Circuit Judge.
In this case a most unusual thing happened. The complaint was dismissed at the trial, before the taking of any testimony and because of admissions made by the plaintiff's counsel in his opening.
The plaintiff is by education an engineer, who since he left college has devoted himself exclusively here and in England to the organizing, promoting, and financing of large enterprises. He commenced this action to recover commissions which he claimed he had earned in bringing about an agreement of consolidation or merger whereby the defendant corporation, having a capital stock…
2Cases cited2 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Hale v. KumlerCourt of Appeals for the Sixth Circuit · 1898
3Cited by5 opinions
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- Lehigh Valley R. v. McGranahanCourt of Appeals for the Second Circuit · 1925
- Bowe v. WrightCourt of Appeals for the Eighth Circuit · 1922