Winchester v. Davis Pyrites Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the District of Delaware. This was a petition of intervention filed by the Davis Pyrites Company against James P. Winchester and Francis JST. Buck, receivers of the Walton &l Whann Company, asking the delivery to it of certain property held by said receivers. The circuit court granted the petition, and accordingly entered an order directing the receivers to comply therewith.
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Appeal from the Circuit Court of the United States for the District of Delaware. This was a petition of intervention filed by the Davis Pyrites Company against James P. Winchester and Francis JST. Buck, receivers of the Walton &l Whann Company, asking the delivery to it of certain property held by said receivers. The circuit court granted the petition, and accordingly entered an order directing the receivers to comply therewith. See 64 Fed. 664, where the opinion delivered by Wales, District Judge, will be found reported at length. The receivers appealed.
1Opinion of the Court
DALLAS, Circuit Judge.
The action of the court below was clearly right. The opinion filed by the learned judge of that court fully states the case, and also relieves us from discussion of the questions of law which he considered. Briefly stated, the material facts are these: The appellee sold to the Walton & Whanu Company “the sulphur contents in about 5,000 tons * * * of Small’s pyrites.” The ore was to be burned by the purchaser of the sulphur, and the cinder remaining after the extraction of the sulphur was to be the property of the seller. Such, among others, *46are the terms-of the written…
2Cited by5 opinions
- Equitable Trust Co. of New York v. Connecticut Brass & Mfg. Corp.Court of Appeals for the Second Circuit · 1923
- Johnson v. VickersWisconsin Supreme Court · 1909
- Dexter Horton Nat. Bank v. HawkinsCourt of Appeals for the Ninth Circuit · 1911
- Glover v. InsullAppellate Court of Illinois · 1919
- Demarest v. Dunton Lumber Co.U.S. Circuit Court for the District of Southern New York · 1907