Legal Opinion

Samuels v. E. F. Drew & Co.

District Court, S.D. New York

Decided May 20, 1924PublishedCited by 1 opinion

1Opinion of the Court

LEARNED HAND, District Judge.

The master’s report being exceptionally full, I need not repeat the facts. The questions substantially are these: (1) Did the receivers adopt the contract? (2) If not, did Conway prove a quantum meruit, and, if so, for how much?

The master has found that Farleigh, one of the two receivers, on Saturday, October 30th, or Sunday, October 31st, told Conway, in substance, that he should continue under the contract, and that this was fairly to be construed as an adoption of it by the receivers. I shall accept his finding because the testimony was directly in conflict.…

2Cases cited9 opinions

Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
Insurance Co. v. ChaseSupreme Court of the United States · 1867
Union Bank v. . SullivanNew York Court of Appeals · 1915
Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
United States Bobbin & Shuttle Co. v. ThissellCourt of Appeals for the First Circuit · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Yazoo & M. v. R. Co. v. WebbCourt of Appeals for the Fifth Circuit · 1933