Legal Opinion

American Mills Co. v. Hoffman

Court of Appeals for the Second Circuit

Decided July 6, 1921No. 124PublishedCited by 14 opinions

In Error to the District Court of the United States for the Southern District of New York. Action at law by George F. Hoffman and Peter H. Corr, partners as the Hoffman-Corr Manufacturing Company, against the. American Mills Company. Judgment for plaintiffs, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Southern District of New York. The defendant in error, plaintiff below, is hereinafter called plaintiff.

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In Error to the District Court of the United States for the Southern District of New York. Action at law by George F. Hoffman and Peter H. Corr, partners as the Hoffman-Corr Manufacturing Company, against the. American Mills Company. Judgment for plaintiffs, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Southern District of New York. The defendant in error, plaintiff below, is hereinafter called plaintiff. The plaintiff in error, defendant below, is hereinafter called defendant. The plaintiff was and is a copartnership engaged…

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above). At the close of the entire case, after both the plaintiffs and defendant had put in their testimony and rested, the defendant renewed motions made at the close of the plaintiffs’ case and asked the court to dismiss the complaint on the ground that the plaintiffs had failed to make out their cause of action in that they had not shown that they delivered the quantity of twine called for in the contract. There were other grounds also assigned, as that they had not made delivery'within the time required by the contract, or in the manner required by the…

2Cases cited34 opinions

  1. Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
  2. Reeder v. . SayreNew York Court of Appeals · 1877
  3. Tilton v. CofieldSupreme Court of the United States · 1876
  4. Wright v. . DelafieldNew York Court of Appeals · 1862
  5. Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915

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3Cited by14 opinions

  1. G. W. Sheldon & Co. v. Hamburg Amerikanische Packetfahrt-Actien-GesellschaftCourt of Appeals for the Third Circuit · 1928
  2. Green v. WalshDistrict Court, E.D. Wisconsin · 1957
  3. Hoffman v. American Mills Co.Court of Appeals for the Second Circuit · 1923
  4. Concordia Ins. v. School Dist. No. 98 of Payne CountyCourt of Appeals for the Tenth Circuit · 1930
  5. Brown v. New York Life Ins. Co.District Court, D. New Jersey · 1940

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