Shoninger Bros. v. Dormer Bros.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Dormer Bros. Company against Shoninger Bros. J udgment for plaintiff; and defendants bring error. On writ of error to review a judgment entered in the United States District Court for the Southern District of New York.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Dormer Bros. Company against Shoninger Bros. J udgment for plaintiff; and defendants bring error. On writ of error to review a judgment entered in the United States District Court for the Southern District of New York. As the trial proceeded a stipulation was entered into between the parties waiving the right of trial by jury and agreeing to submit the issues for decision to Hon. William I. Grubb, the presiding judge. He found that the plaintiff, Dormer Bros. Company, was entitled to…
1Opinion of the Court
COXE, Circuit Judge.
This action was brought to recover the price of a quantity of men’s socks made and sold pursuant to a war contract. The plaintiff asserts full compliance with the contract by the delivery and acceptance of certain shipments and by the tender of other shipments which were rejected by the defendant without adequate cause. It therefore demands judgment for the accepted and rejected shipments.
The defendant does not, except in a few minor particulars, question its liability for goods received and not paid for. Its principal defense is based upon certain counterclaims. The…
2Cases cited6 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- Smith v. . ClewsNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schnerb v. Holt Mfg. Co.Court of Appeals for the Second Circuit · 1923