Havana City Ry. Co. v. Ceballos
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree of the United States Circuit Court for the Southern District of New York, entered July 28, 1904, dismissing the bill with costs.
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Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree of the United States Circuit Court for the Southern District of New York, entered July 28, 1904, dismissing the bill with costs. On the 19th of June, 1893, the city of Havana granted to Mariano De La Torre a concession to build and operate a horse railway on certain designated streets in the said city, which concession was subsequently transferred by De La Torre to Francisco Pla. On October 22, 1895, Pla entered into a contract with the complainant pursuant to which he agreed to…
1Opinion of the Court
COX1i~, Circuit Judge
(after stating the facts as above). An examination of the receipt, which is the foundation of this action, discloses the fact that it is simply an escrow contract by which the defendant held the assignment in accordance with the agreement between the complainant and Pla. In other words, after Pla had secured the right to use electricty and the complainant had paid him $1~,OOO the defendant was to deliver the assignment to the complainant and not until then. This escrow contract was drawn up by the complainant's president and uses the words "which trust I hereby accept"…
2Cited by1 opinion
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