Walker Electric Co. v. New York Shipbuilding Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Action by the Walker Electric Company against the New York Shipbuilding - Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WOOLLEY, Circuit Judge.
Of the several questions involved in this controversy, two only are embraced in this decision. These are: Whether the trial court erred, first, in deciding as a matter of law that the contract sued upon was not assignable by one party without, the consent of the other; and second, in refusing to permit the jury to determine upon an issue of fact whether that consent had been given.
These questions arose out of a contract, which upon first view appears perfectly simple and definite, but upon examination is shown to be quite the contrary.
New York Shipbuilding Company,…
2Cases cited7 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- Northwestern Cooperage & Lumber Co. v. ByersMichigan Supreme Court · 1903
- Horst v. RoehmU.S. Circuit Court for the District of Eastern Pennsylvania · 1898
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3Cited by4 opinions
- Stanley Clayman and Melvin Clayman v. Goodman Properties, IncCourt of Appeals for the D.C. Circuit · 1974
- Thomas-Bonner Co. v. Hooven, Owens & Rentschler Co.Court of Appeals for the Sixth Circuit · 1922
- Kinser v. McMurraySupreme Court of Iowa · 1921
- Stanley Clayman and Melvin Clayman v. Goodman Properties, IncCourt of Appeals for the D.C. Circuit · 1974