Gardiner v. Equitable Office Bldg. Corp.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Bentley Gardiner and another, as sole acting executors of the will of George N. Gardiner, deceased, against the Equitable Office Building Corporation. Decree for plaintiffs, and both parties appeal.
1Opinion of the Court
MANTON, Circuit Judge.
This suit is in, equity, and the decree below was granted on the first cause of action. The second cause of action was dismissed on the former appeal to this court. Gardiner v. Equitable Office Bldg. Corp. (C. C. A.) 273 Fed. 451, 17 A. L. R. 431. The theory of the cause of action, sustained -below is that the defendant assumed an obligation of expense incurred by Mr. Du Pont in the promotion of an enterprise resulting in the incorporation of the defendant, and the construction and ownership by it of the Equitable Office Building in New York City. The decree below is for…
2Cases cited17 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Smith v. RichardsSupreme Court of the United States · 1839
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Richardson v. HardwickSupreme Court of the United States · 1882
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3Cited by4 opinions
- United States v. RoweCourt of Appeals for the Second Circuit · 1932
- Frank A. Wise and Wdw, Inc. v. George Dewerd, Cote De La Mer Corporation and Palm Beach, Inc. Appeal of Frank A. Wise. Appeal of Wdw, IncCourt of Appeals for the Third Circuit · 1966
- Howard v. Hancock Oil Co.Court of Appeals for the Ninth Circuit · 1934
- Wise v. DeWerdCourt of Appeals for the Third Circuit · 1966