American Can Co. v. Erie Preserving Co.
Court of Appeals for the Second Circuit
Appeals from the Circuit Court of the United States for -the Western District of New York. Suit in equity by the American Can Company and Paul Voorhees against the Erie Preserving Company.
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Appeals from the Circuit Court of the United States for -the Western District of New York. Suit in equity by the American Can Company and Paul Voorhees against the Erie Preserving Company. Prom orders (171 Fed. 540) denying the petitions of Ladenburg, Thalmann & Co., Conrad Heinrich Donner, the New York County National Bank, and Arbuthnot, Latham & Co., they appeal; and from an order (171 Fed. 548) allowing the petition of the Bank of North Collins, Clark H. Timerman and William E. Peugeot, receivers, appeal. Affirmed.
1Opinion of the Court
WARD, Circuit Judge.
The Erie Preserving Company was engaged in the business of canning vegetables and fruit in factories at Irving, North Collins, and Model City, N. Y. The American Warehousing Company was engaged in what is known as “field storage warehousing”; that is, warehousing the owner’s goods on the premises of the owner or of the former owner. This system is frequently practiced and is entirely effective when properly carried on. Phila. Co. v. Winchester (C. C.) 156 Fed. 600.
In August, 1907, the preserving company entered into an agreement with the warehousing company for the purpose…
2Cases cited3 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Yenni v. . McNameeNew York Court of Appeals · 1871
- Philadelphia Warehouse Co. v. WinchesterDistrict Court, D. Delaware · 1907
3Cited by14 opinions
- McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
- In re P. J. Sullivan Co.Court of Appeals for the Second Circuit · 1918
- In Re Spanish-American Cork Products Co.Court of Appeals for the Fourth Circuit · 1924
- Westinghouse Electric & Mfg. Co. v. Brooklyn Rapid Transit Co.Court of Appeals for the Second Circuit · 1920
- First Camden Nat. Bank & Trust Co. v. J. R. Watkins Co.Court of Appeals for the Third Circuit · 1941
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