Legal Opinion

Gaston, Williams & Wigmore of Canada, Ltd. v. Warner

Court of Appeals for the Second Circuit

Decided March 2, 1921No. 123PublishedCited by 2 opinions

In Error to the District Court o£ the United States for the Southern District of New York. Action by Philip A. Warner against Gaston, Williams & Wigmore of Canada, Rimited. Judgment for plaintiff, and defendant brings error. The plaintiff in error was defendant below, and will be referred to hereinafter as defendant. The defendant in error was plaintiff below, and will be referred to hereinafter as plaintiff.

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In Error to the District Court o£ the United States for the Southern District of New York. Action by Philip A. Warner against Gaston, Williams & Wigmore of Canada, Rimited. Judgment for plaintiff, and defendant brings error. The plaintiff in error was defendant below, and will be referred to hereinafter as defendant. The defendant in error was plaintiff below, and will be referred to hereinafter as plaintiff. The plaintiff is a citizen of the state of New York, residing in the Southern District there* of. The defendant is a corporation organized under the laws of the Dominion of Canada, and…

1Opinion of the Court

ROGERS, Circuit Judge.

The plaintiff was in the ship broker’s business, and he has brought this action to recover the sum of $11,-675, which he alleges to be due to him as a commission for finding a purchaser for the British screw steamship Eskasoni, of St. Johns, Newfoundland, at the price of $475,000. The case has been in this court before. 261 Fed. 993. At that time the right of the plaintiff to recover was sustained, and judgment for defendant was reversed. A new trial has been had, and a judgment has been entered for the plaintiff. The case now presented differs in material respects from…

2Cases cited24 opinions

  1. Pullman's Palace Car Co. v. PennsylvaniaSupreme Court of the United States · 1891
  2. Irwin v. WilliarSupreme Court of the United States · 1884
  3. Wilson v. MasonIllinois Supreme Court · 1895
  4. Fox v. RyanIllinois Supreme Court · 1909
  5. Hall v. CordellSupreme Court of the United States · 1891

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3Cited by2 opinions

  1. Thompson v. Ford Motor Credit CompanyDistrict Court, D. South Carolina · 1971
  2. Peyser v. American Security & Trust Co.Court of Appeals for the D.C. Circuit · 1934

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