Higgins v. California Prune & Apricot Growers, Inc.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of Nevr York. Action by William A. Higgins and another against the California Prune & Apricot Growers, Inc. Decree of dismissal, and plaintiffs appeal. The California Prune & Apricot Growers, Inc., is a corporation organized under the laws of the state of California, and is hereinafter referred to as the California corporation. It is engaged in the business of selling California dried fruits.
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Appeal from the District Court of the United States for the Southern District of Nevr York. Action by William A. Higgins and another against the California Prune & Apricot Growers, Inc. Decree of dismissal, and plaintiffs appeal. The California Prune & Apricot Growers, Inc., is a corporation organized under the laws of the state of California, and is hereinafter referred to as the California corporation. It is engaged in the business of selling California dried fruits. William A. Higgins and Edmund S. Higgins are copartners, and are engaged in business in the city of New York under the firm…
1Opinion of the Court
ROGERS, Circuit Judge.
It appears that the California corporation commenced an action in the District Court for the Southern District of New York, in December, 1920, to recover the sum of $208,822.23, alleged to be due for goods sold and delivered to the defendants under certain “f. o. b.” contracts. This action seems to have been abandoned, and in June, 1921, the corporation began'another suit in the same court to recover $198,431.96 damages for goods sold and delivered and for refusal to accept the goods under contracts. The two causes of action differ in certain particulars as to dates of…
2Cases cited35 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
- Stewart v. RamsaySupreme Court of the United States · 1916
- French v. HaySupreme Court of the United States · 1875
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3Cited by31 opinions
- Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
- Lesnik v. Public Industrials CorporationCourt of Appeals for the Second Circuit · 1944
- Steelman v. All Continent Corp.Supreme Court of the United States · 1937
- Higgins v. California Prune & Apricot Grower, Inc.Court of Appeals for the Second Circuit · 1924
- Sperry Rand Corporation v. Bernard J. RothleinCourt of Appeals for the Second Circuit · 1961
26 more not listed; retrieve them via the Exa API.