American Mercantile Corp. v. Spielberg
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 the American Mercantile Corporation against Harold Spielberg. Judgment for defendant, and plaintiff brings error. Tiie American Mercantile Corporation is a corporation organized under the laws, of the state of Delaware. The defendant, Spielberg, is a citizen of the state of New York, residing in the Southern district of that state.
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In Error to the District Court of the United States for the Southern District of New York. Action by the American Mercantile Corporation against Harold Spielberg. Judgment for defendant, and plaintiff brings error. Tiie American Mercantile Corporation is a corporation organized under the laws, of the state of Delaware. The defendant, Spielberg, is a citizen of the state of New York, residing in the Southern district of that state. The defendant was the owner of an undivided half interest in the American steamship Fordonian, subject to said vessel being seenrity to the Equitable Trust Company…
1DissentWard, Circuit Judge
In this case the plaintiff, as broker, not only produced a purchaser ready, willing, and able to buy the steamer Fordonian for $540,000, but a contract by correspondence was entered into by him with the defendant January 8, 1918, expressing all the terms of sale, and the purchaser deposited $54,0,00 of the purchase money in escrow. '
The defendant owned only one-half the steamer, but was under contract to purchase the other half. The second letter of January 8th, quoted in the opinion of the court, was accepted in writing by the defendant. One of its terms was the defendant’s statement that…
2Cases cited1 opinion
- Dorrance v. Barber & Co.Court of Appeals for the Second Circuit · 1919