Menke v. Willcox
District Court, S.D. New York
At Law. Action by William Menke and others against William R. Willcox and others, as receivers. This is an action at law upon the assumed adoption of a contract by the defendants as receivers. By consent the parlies agreed to a trial before a jury of one and at the conclusion of the evidence each side moved for a dirociion of the verdict. The court took the case under advisement. William .T.
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At Law. Action by William Menke and others against William R. Willcox and others, as receivers. This is an action at law upon the assumed adoption of a contract by the defendants as receivers. By consent the parlies agreed to a trial before a jury of one and at the conclusion of the evidence each side moved for a dirociion of the verdict. The court took the case under advisement. William .T. Farrell was an exporter doing business in the city of New York, and on the 0th day of April, 3920, ids creditors filed the usual creditors’ bill in sequestration with his consent, alleging that his…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1, 2] The defendants knew of the contract some time during April, the exact day being unknown, and took no action upon it for over three months. It is possible that this was more than a reasonable time, and, if so, had they eventually adopted it, the plaintiffs conceivably might have been released; but the mere inaction of receivers, where they do not enjoy any benefits from assets cum onere, is never of itself *59an adoption, though it may endanger their right to adopt. In order to be bound, they must positively indicate their intention to take it over.…
2Cases cited3 opinions
- Link Belt Machinery Co. v. HughesIllinois Supreme Court · 1898
- Peabody Coal Co. v. NixonCourt of Appeals for the Eighth Circuit · 1915
- Butterworth v. Degnon Contracting Co.Court of Appeals for the Second Circuit · 1914
3Cited by10 opinions
- Fauci v. MulreadyMassachusetts Supreme Judicial Court · 1958
- Meyer v. Washington Times Co.Court of Appeals for the D.C. Circuit · 1935
- Samuels v. E. F. Drew & Co., Inc.Court of Appeals for the Second Circuit · 1923
- In Re Public Ledger, Inc.District Court, E.D. Pennsylvania · 1945
- Pacific Western Oil Co. v. McDuffieCourt of Appeals for the Ninth Circuit · 1934
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