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PEABODY, HOUGHTELING & CO. v. COCHRAN

No. 3414.

10 F.2d 1021 (1926)

PEABODY, HOUGHTELING & CO., Appellant, v. Edwin R. COCHRAN, Jr., and Frederic B. Adams, Receivers of Atlantic Fruit Co., Appellees.

Circuit Court of Appeals, Third Circuit.

February 24, 1926.

Attorney(s) appearing for the Case

William G. Mahaffy, of Wilmington, Del. (William Travers Jerome and William Rand, Jr., both of New York City, of counsel), for appellant.

Robert H. Richards, of Wilmington, Del., and Shearman & Sterling, of New York City (Philip A. Carroll, of New York City, of counsel), for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the receivership of the Atlantic Fruit Company, the firm of Peabody, Houghteling & Co. presented a claim of some $73,840 for damages for breach of a contract, which it alleged it had with the fruit company. The fact that there was such existing and breached contract being denied by the receivers, the claim was referred to a master. He found against the claimant, and his finding was approved by the court. Thereupon this appeal was...

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