Van Iderstine v. National Discount Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Action h} Robert Van Iderstine, as trustee in bankruptcy of the firm of A. Fellerman & Son, against the National Discount Company. From a judgment for plaintiff, defendant appeals. Prior to August, 1905, the bankrupts, Fellmnan & Son, were engaged in business as clothing mannfaelnrers in New York City.
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Appeal from the District Court of the United States for the Southern District of New York. Action h} Robert Van Iderstine, as trustee in bankruptcy of the firm of A. Fellerman & Son, against the National Discount Company. From a judgment for plaintiff, defendant appeals. Prior to August, 1905, the bankrupts, Fellmnan & Son, were engaged in business as clothing mannfaelnrers in New York City. The defendant was a Maine corporation doing business in New York and •-ngaged chiefly in advancing money to merchants upon their outstanding customers’ accounts. On August 15, 1909, the elder Fellerman…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). Although this was a suit in equity, it was tried in the District Court substantially in the manner of a common-law action. The issues were submitted to a jury, which brought in a general verdict. No particular questions were submitted and no special findings made. The court accepted and adopted the verdict and entered a decree thereon.
We do not question the right of the District Court to obtain from jurors for its guidance general verdicts in equity causes. But we must point out that such verdicts' are of little assistance to this court in as-’ certaining…
2Cases cited4 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Githens v. ShifflerDistrict Court, M.D. Pennsylvania · 1902
- In re MaherDistrict Court, D. Massachusetts · 1906
3Cited by20 opinions
- Irving Trust Co. v. Chase Nat. BankCourt of Appeals for the Second Circuit · 1933
- Richardson v. Germania BankCourt of Appeals for the Second Circuit · 1919
- In Re International Raw Material CorporationCourt of Appeals for the Second Circuit · 1927
- Rutter v. General Motors Acceptance CorporationCourt of Appeals for the Tenth Circuit · 1934
- Frost v. Latham & Co.U.S. Circuit Court for the District of Southern Alabama · 1910
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