Nicoll v. Pittsvein Coal Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Pittsvein Coal Company against Benjamin Nicoll, doing business as B. Nicoll & Co. Judgment for plaintiff, and defendant brings error. Plaintiff below (herein called Pittsvein Company) mines and sells coal. The defendant Nicoll is a wholesale dealer in that commodity.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Pittsvein Coal Company against Benjamin Nicoll, doing business as B. Nicoll & Co. Judgment for plaintiff, and defendant brings error. Plaintiff below (herein called Pittsvein Company) mines and sells coal. The defendant Nicoll is a wholesale dealer in that commodity. On November 30, 1915, Nicoll wrot to Pittsvein Company: “This will confirm telephonic conversation of this morning in which we have bought from you and you have sold to us 50,000 gross tons of your Pitts-vein Fairmount gas…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). We are presented with 82 assignments of error, a number exceeding in uselessness any yet observed in a civil cause. Both in quality and quantity they are open to the criticisms of Fitter v. United States, 258 Fed. at page 569, 169 C. C. A. 507. We shall notice only such as have been referred to in briefs, and not all of them.
This case presents with an interesting fullness some parts of the large question as to hów far and in what manner a written document commonly called a contract, entered into between persons engaged in substantially the same business,…
2Cases cited15 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Walls v. . BaileyNew York Court of Appeals · 1872
- Hostetter v. ParkSupreme Court of the United States · 1890
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3Cited by17 opinions
- Berg v. HudesmanWashington Supreme Court · 1990
- Meyer v. Washington Times Co.Court of Appeals for the D.C. Circuit · 1935
- Hurst v. Lake Co., Inc.Oregon Supreme Court · 1932
- United States v. Lennox Metal Manufacturing Co.Court of Appeals for the Second Circuit · 1955
- Dixon, Irmaos & Cia v. Chase Nat. Bank of City of NYCourt of Appeals for the Second Circuit · 1944
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