Legal Opinion

Wells v. Hartford Manilla Co.

Supreme Court of Connecticut

Decided July 24, 1903PublishedCited by 36 opinions

Appeal by the receiver of the defendant from a judgment of the Superior Court in Hartford County (Rorabach, J".), in receivership proceedings, allowing a creditor’s claim for damages for the defendant’s breach of contract to receive merchandise ordered by it.

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Appeal by the receiver of the defendant from a judgment of the Superior Court in Hartford County (Rorabach, J".), in receivership proceedings, allowing a creditor’s claim for damages for the defendant’s breach of contract to receive merchandise ordered by it. December 15th, 1899, the Burgess Sulphite Fibre Company, manufacturer of paper pulp, and the Hartford Manilla Company, manufacturer of paper, entered into a written contract, known as contract A, by which the first-named company agreed to furnish, and the last-named company to receive, 1,300 tons of sulphite pulp of a designated…

1Opinion of the CourtPrentice, J.

The allowance of that portion of the claim of the Burgess Sulphite Fibre Company appealed from, is supported before us in argument upon two grounds, to wit:(1) that there was such a breach of the contracts, before the appointment of the receiver, that the claimant was then entitled to maintain an action thereon against the Manilla Company and recover full damages as for contract broken; and(2) that, the refusal of the receiver to abide by the contracts after his qualification, itself furnished a basis for the allowance.

The first contention assumes the existence of a matured claim prior to the…

2Cases cited15 opinions

  1. Dingley v. OlerSupreme Court of the United States · 1886
  2. United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
  3. Smoot's CaseSupreme Court of the United States · 1873
  4. Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
  5. Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883

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3Cited by36 opinions

  1. Home Pattern Co. v. W. W. Mertz Co.Supreme Court of Connecticut · 1913
  2. Belisle v. Berkshire Ice Co.Supreme Court of Connecticut · 1923
  3. Finlay v. SwirskySupreme Court of Connecticut · 1923
  4. Multiplastics, Inc. v. Arch Industries, Inc.Supreme Court of Connecticut · 1974
  5. City of Bridgeport v. Aetna Indemnity Co.Supreme Court of Connecticut · 1916

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

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