Gates v. Megárgel
Court of Appeals for the Second Circuit
. Cross-Appeals from the District Court of the United States for the Southern District of New York. Suit by Herman B. Gates and others against Roy C. Megargel and another, copartners doing business under the firm name of R. C. Megargel &.Co, From a decree granting relief to certain plaintiffs and interveners, but denying it to the named plaintiffs and interveners, the latter appeal, and the defendants also appeal.
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. Cross-Appeals from the District Court of the United States for the Southern District of New York. Suit by Herman B. Gates and others against Roy C. Megargel and another, copartners doing business under the firm name of R. C. Megargel &.Co, From a decree granting relief to certain plaintiffs and interveners, but denying it to the named plaintiffs and interveners, the latter appeal, and the defendants also appeal. The parlies complainant before this court aro but a portion of those who began the suit, many of the original plaintiffs and interveners not having appealed, or having abandoned…
1Opinion of the Court
HOUGH; Circuit Judge
(after stating the facts as above). The task presented by this appeal is to ascertain the relation of the parties to each other, and when the same was assumed; the law applicable to any relation compatible with the evidence is not doubtful. One kind of relation is fixed by the pleadings; and we agree with the trial court that plaintiffs, whether original or intervening, have not sued for damages caused by fraudulent representations, nor sought to rescind a contract. The “Syndicate agreement” is assumed or asserted to- be valid; plaintiffs intend to keep what they got under…
2Cases cited10 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- United States v. CarterSupreme Court of the United States · 1910
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
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3Cited by10 opinions
- Yost's EstateSupreme Court of Pennsylvania · 1934
- Robinson v. McWayneHawaii Supreme Court · 1940
- Thompson v. Park Sav. BankCourt of Appeals for the D.C. Circuit · 1938
- Ball v. BreedCourt of Appeals for the Second Circuit · 1923
- Commissioner of Internal Revenue v. N. B. Whitcomb Coca-Cola SyndicateCourt of Appeals for the Fifth Circuit · 1938
5 more not listed; retrieve them via the Exa API.