In re Niagara Radiator Co.
District Court, W.D. New York
In Bankruptcy. This is a review of an order made by Referee Judson finding that the petitioner, Sloss-Sheffield Steel & Iron Company, was indebted to the bankrupt estate herein in the sum of $10,296 as damages for failure to perform a contract made with the said bankrupt, Niagara Radiator Company, on September 16, 1906, for the delivery to it of 1,800 tons of iron ore in equal monthly deliveries during the first half of 1907 at the price stated in said contract, payment to…
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In Bankruptcy. This is a review of an order made by Referee Judson finding that the petitioner, Sloss-Sheffield Steel & Iron Company, was indebted to the bankrupt estate herein in the sum of $10,296 as damages for failure to perform a contract made with the said bankrupt, Niagara Radiator Company, on September 16, 1906, for the delivery to it of 1,800 tons of iron ore in equal monthly deliveries during the first half of 1907 at the price stated in said contract, payment to be made 30 days after the shipment of each installment. Said order further provided that said amount of damages be set…
1Opinion of the CourtHazel, District Judge
(after stating the facts as above). The petitioner herein contends, first, that the contract is by its terms non-'Issignable, and any attempts by said receiver and trustee to assume lie same were of no effect; and, second, admitting its assignability, *103Jiat the contract was never assumed by said receiver, except as to the contract for the January shipment, and that the same was never assumed by the trustee.
I think the conclusion of the referee that the contract in question was assignable, and that under section 70a (5) of the bankrupt act (Act July 1, 1898, c. 511, 30 Stat. 565 [U. S. Comp.…
2Cases cited5 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- Third Avenue R.R. Co. v. . EblingNew York Court of Appeals · 1885
- Pardee v. . KanadyNew York Court of Appeals · 1885
3Cited by7 opinions
- Meyer v. Washington Times Co.Court of Appeals for the D.C. Circuit · 1935
- Rosello v. HaydenSupreme Court of Florida · 1955
- Robbins v. Hunts Food & Industries, Inc.Washington Supreme Court · 1964
- Henry H. Cross Co. v. Texhoma Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1929
- King v. West Coast Grocery Co.Washington Supreme Court · 1913
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