Pintsch Compressing Co. v. Buffalo Gas Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Suits in equity by the Pintsch Compressing Company and by the New York Trust Company, trustee, against the Buffalo Gas Company, in which George H. Church intervenes. Heard on cross-appeals. Cross-appeals from a final decree of tho District Court for the Western District of New- York, entered May 9, 1921. One appeal is by George II.
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Appeal from the District Court of the United States for the Western District of New York. Suits in equity by the Pintsch Compressing Company and by the New York Trust Company, trustee, against the Buffalo Gas Company, in which George H. Church intervenes. Heard on cross-appeals. Cross-appeals from a final decree of tho District Court for the Western District of New- York, entered May 9, 1921. One appeal is by George II. Church, intervener, and tho other by William J. Judge, assignee of the purchaser at foreclosure sale. Defendant Buffalo Gas Company is a New York public utilities corporation,…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). 1. We agree with the conclusion of the District Court that Church is a general creditor and that the transactions between him and the gas company did not create an equitable lien in his favor on the earnings accruing prior to the extension of the receivership to the foreclosure suit, or *835on the unmortgaged property. We place our decision primarily on the ground that the equitable lien contended for was not established by the evidence. It will not be profitable to analyze the facts nor the law applicable thereto, as this branch of the case was carefully and…
2Cases cited33 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
- American Iron & Steel Manufacturing Co. v. Seaboard Air Line RailwaySupreme Court of the United States · 1914
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
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3Cited by17 opinions
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- The Fort OrangeDistrict Court, S.D. New York · 1933
- Fitkin v. Century Oil Co.Court of Appeals for the Second Circuit · 1926
- In Re Jacksonville Gas Co.District Court, S.D. Florida · 1942
- Central Iron & Steel Co. v. United StatesUnited States Court of Claims · 1933
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