6 F.2d 733 (1925) TOWN OF READSBORO v. HOOSAC TUNNEL & W. R. CO. No. 91. Circuit Court of Appeals, Second Circuit. February 9, 1925. John G. Sargent, of Ludlow, Vt., and Robert E. Healy, of Bennington, Vt., for plaintiff in error. Frederick J. Dunn, Samuel P. Sears, and McLellan, Brickley & Sears, all of Boston, Mass., for defendant in error. Before HOUGH and MANTON, Circuit Judges, and LEARNED HAND, District Judge. LEARNED HAND, District Judge. This is an action at law to recover for money...
9 F.2d 883 (1925) In re BRANNER. Ex parte HAAS BROS. FABRICS CORPORATION et al. No. 89. Circuit Court of Appeals, Second Circuit. December 7, 1925. *884 *885 Arthur Mayer and Frank C. Fisher, both of New York City, for appellants and petitioners. William F. Columbus, of New York City, for appellee and respondent. Before HOUGH, HAND and MACK, Circuit Judges. HAND, Circuit Judge (after stating the facts as above). Our only jurisdiction over the order discharging the rules is by petition to revise...
9 F.2d 545 (1925) HARDIE v. NEW YORK HARBOR DRY DOCK CORPORATION. No. 79. Circuit Court of Appeals, Second Circuit. November 16, 1925. *546 Richard H. McIntyre, of New York City (Wesley M. Messersmith, of New York City, of counsel), for plaintiff in error. A. G. Maul, of New York City (John McK. Minton, Jr., of New York City, of counsel), for defendant in error. Before HOUGH, MANTON, and HAND, Circuit Judges. HAND, Circuit Judge (after stating the facts as above). We cannot see that the...
9 F.2d 522 (1925) ROMANO et al. v. UNITED STATES. No. 77. Circuit Court of Appeals, Second Circuit. November 20, 1925. *523 Wallace E. J. Collins, of Jamaica, N. Y., and Morris Kamber, of Brooklyn, N. Y. (Otho S. Bowling and Vine H. Smith, both of New York City, of counsel), for plaintiffs in error. Ralph C. Greene, U. S. Atty., and William A. De Groot, Asst. U. S. Atty., both of Brooklyn, N. Y. Before HOUGH, MANTON, and HAND, Circuit Judges. MANTON, Circuit Judge. There are two counts to the...
9 F.2d 527 (1925) THE PENZA (two cases). Nos. 71, 72. Circuit Court of Appeals, Second Circuit. November 16, 1925. *528 Richard Reid Rogers, of New York City, for appellant. Charles Recht, of New York City, for appellee. Before HOUGH, MANTON, and HAND, Circuit Judges. HOUGH, Circuit Judge (after stating the facts as above). All parties have assumed, and we shall therefore assume, that this is the case of a foreign vessel procuring necessaries in a port of the United States; wherefore the...
9 F.2d 525 (1925) ERIE R. CO. v. MURPHY. No. 65. Circuit Court of Appeals, Second Circuit. November 16, 1925. *526 Stanchfield, Collin, Lovell & Sayles and Halsey Sayles, all of Elmira, N. Y., for plaintiff in error. Mortimer L. Sullivan, of Elmira, N. Y., for defendant in error. Before HOUGH, MANTON, and HAND, Circuit Judges. HOUGH, Circuit Judge (after stating the facts as above). The uncontradicted facts adduced by both sides of this controversy presented a situation from which a jury could...
9 F.2d 548 (1925) BOWERS, Collector of Internal Revenue, v. NEW YORK TRUST CO. et al. No. 63. Circuit Court of Appeals, Second Circuit. November 16, 1925. *549 Emory R. Buckner, U. S. Atty., of New York City (Thomas J. Crawford and Nathan R. Margold, Asst. U. S. Attys., both of New York City, of counsel), for plaintiff in error. Hughes, Rounds, Schurman & Dwight, of New York City (Charles E. Hughes, Arthur C. Rounds, George W. Schurman and Oscar R. Ewing, all of New York City, of counsel), for...
4 F.2d 910 (1925) BUTTERICK CO. et al. v. FEDERAL TRADE COMMISSION. No. 6. Circuit Court of Appeals, Second Circuit. January 5, 1925. Noble, Morgan & Scammell, of New York City (Julius M. Mayer, Herbert Noble, and Scott Scammell, all of New York City, of counsel), for petitioners. W. H. Fuller, of McAlester, Okl., and Edward E. Reardon, of New York City, and E. C. Alvord, of Washington, D. C., for respondent. Before ROGERS and MANTON, Circuit Judges, and LEARNED HAND, District Judge. MANTON,...
9 F.2d 531 (1925) BEAUX ARTS DRESSES, Inc., et al. v. UNITED STATES. No. 59. Circuit Court of Appeals, Second Circuit. November 9, 1925. Zalkin & Cohen, of New York City (Kenneth M. Spence and Moses Cohen, both of New York City, of counsel), for plaintiffs in error. Emory R. Buckner, U. S. Atty., of New York City (Morris D. Reiss and Ben Herzberg, Asst. U. S. Attys., both of New York City, of counsel), for the United States. Before HOUGH, MANTON and HAND, Circuit Judges. MANTON, Circuit Judge....
9 F.2d 543 (1925) ANCHOR LINE (HENDERSON BROS.), Limited, v. JACKSON. No. 58. Circuit Court of Appeals, Second Circuit. November 9, 1925. *544 Lord, Day & Lord, of New York City (Franklin Grady, of New York City, of counsel), for plaintiff in error. Louis Boehm, of New York City (Samuel Zeiger, of New York City, of counsel), for defendant in error. Before HOUGH, MANTON, and HAND, Circuit Judges. HAND, Circuit Judge (after stating the facts as above). In The Persiana, 185 F. 396 , 107 Cow. C . A....
10 F.2d 926 (1925) In re GUBELMAN et al. No. 52. Circuit Court of Appeals, Second Circuit. December 7, 1925. *927 Brodek & Raphael, of New York City (Charles A. Brodek and Borris M. Komar, both of New York City, of counsel), for appellants. Rosenberg & Ball, of New York City (George G. Ernst and Ralph F. Colin, both of New York City, of counsel), for appellee. Kellogg, Emery, Inness-Brown & Cuthell, of New York City (Henry G. Hotchkiss, of New York City, of counsel), amici curiæ. Before ROGERS,...
9 F.2d 872 (1925) FELDER v. UNITED STATES. [*] No. 48. Circuit Court of Appeals, Second Circuit. December 7, 1925. *873 Frank P. Walsh, Robert S. Johnstone, and Emanuel Harris, all of New York City (Thomas W. Hardwick, of Atlanta, Ga., and James Hamilton Lewis, of Chicago, Ill., of counsel), for plaintiff in error. Emory R. Buckner, U. S. Atty., of New York City (Hiram C. Todd and Clifford H. Byrnes, Sp. Asst. Attys. Gen., of counsel), for the United States. Before ROGERS, HOUGH, and HAND,...
9 F.2d 536 (1925) IRVING NAT. BANK v. LAW. No. 46. Circuit Court of Appeals, Second Circuit. November 9, 1925. *537 Morris, Plante & Saxe, of New York City (Guthrie B. Plante, Merton E. Lewis, and David S. Elkins, all of New York City, of counsel), for plaintiff in error. Platt, Field & Taylor, of New York City (Martin Taylor and Almet Jenks, Jr., both of New York City, of counsel), for defendant in error. Before ROGERS, MANTON, and HAND, Circuit Judges. HAND, Circuit Judge (after stating the...
10 F.2d 937 (1925) COMMERCIAL UNION OF AMERICA, Inc., v. ANGLO-SOUTH AMERICAN BANK, Ltd. No. 39. Circuit Court of Appeals, Second Circuit. December 7, 1925. Zabriskie, Sage, Kerr & Gray, of New York City (George Zabriskie and George Gray Zabriskie, both of New York City, of counsel), for plaintiff in error. Appleton, Butler & Rice, of New York City (Edwin T. Rice, of New York City, of counsel), for defendant in error. Before ROGERS, HOUGH, and MANTON, Circuit Judges. ROGERS, Circuit Judge. The...
7 F.2d 835 (1925) UNITED STATES v. SPECIFIED QUANTITIES OF INTOXICATING LIQUORS et al. No. 382. Circuit Court of Appeals, Second Circuit. June 1, 1925. *836 Emory R. Buckner, U. S. Atty., of New York City (Francis A. McGurk, Asst. U. S. Atty., of New York City, of counsel), for plaintiff in error. Sanford H. Cohen, of New York City, for claimant and defendant in error. Before HOUGH, MANTON, and HAND, Circuit Judges. HOUGH, Circuit Judge (after stating the facts as above). Whether these...
11 F.2d 147 (1925) BORG et al. v. INTERNATIONAL SILVER CO. No. 372. Circuit Court of Appeals, Second Circuit. August 4, 1925. *148 *149 Cook, Nathan & Lehman and Walter C. Noyes, all of New York City, Lindley M. Garrison, of Jersey City, N. J., and Alfred A. Cook and Frederick F. Greenman, both of New York City, for appellants. Simpson, Thacher & Bartlett, Julius M. Mayer, Graham Sumner, and Percival E. Cowan, all of New York City, for appellee. Before ROGERS, MANTON, and HAND, Circuit Judges....
9 F.2d 311 (1925) BLOCK v. NATHAN ANKLET SUPPORT CO., Inc. No. 371. Circuit Court of Appeals, Second Circuit. June 16, 1925. *312 Hans V. Briesen and Morris Kirschstein, both of New York City, for appellant. James Love Hopkins, of St. Louis, Mo. (Redding, Greeley, O'Shea & Campbell, of New York City, of counsel), for appellee. Before ROGERS, MANTON, and HAND, Circuit Judges. HAND, Circuit Judge (after stating the facts as above). On the issue of infringement we think there should be no doubt. A...
9 F.2d 560 (1925) In re BADGER. WINTER GARDEN CO. v. GLOBE & RUTGERS FIRE INS. CO. No. 368. Circuit Court of Appeals, Second Circuit. July 27, 1925. I. Maurice Wormser, Max D. Steuer, and William Klein, all of New York City, for Winter Garden Co. Milo Otis Bennett, of New York City, for Badger. Before ROGERS, MANTON, and HAND, Circuit Judges. MANTON, Circuit Judge. The plaintiff in the main case is engaged in the production of theatrical shows. It insured the production, "The Passing Show of...
8 F.2d 35 (1925) HAMMOND et al. v. CARTHAGE SULPHITE PULP & PAPER CO. UNITED STATES MORTGAGE & TRUST CO. v. CARTHAGE SULPHITE PULP & PAPER CO. et al. No. 363. Circuit Court of Appeals, Second Circuit. May 21, 1925. *36 *37 George E. O'Connor and Thomas O'Connor, both of Waterford, N. Y., for unsecured creditors and Union Iron Works. Patterson, Eagle, Greenough & Day, of New York City (J. Frederick Eagle and Carroll G. Walter, both of New York City, of counsel), for United States Mortgage, etc.,...
8 F.2d 859 (1925) NOLTE et al. v. HUDSON NAV. CO. No. 362. Circuit Court of Appeals, Second Circuit. July 27, 1925. *860 *861 Geller, Rolston & Blanc, of New York City (Frederick Geller, Mansfield Ferry, and Alexander C. Neave, all of New York City, of counsel), for Farmers' Loan & Trust Co. Graham, McMahon, Buell & Knox, of New York City (Edward Ward McMahon, of New York City, of counsel), for National Commercial Bank & Trust Co. of Albany. Murray, Aldrich & Roberts, of New York City (William...
