U.S. Court of Appeals for the Second Circuit, 1927

Hewitt v. Charles R. McCormick Lumber Co.

U.S. Court of Appeals for the Second Circuit · Decided December 5, 1927

22 F.2d 925; 1927 U.S. App. LEXIS 3503 (Federal Reporter, Second Series)

Counsel

John M. Gardner, of New York City, for plaintiffs in error., Kirlin, Woolsey, Campbell, Hickox & Keating and Wherry & Mygatt, all of New York City (Delbert M. Tibbetts, Carlos J. Warner, and Frederic E. Mygatt, all of New York City, of counsel), for Charles R. McCormick Lumber Co. of Delaware.

Cases that cite this one

5 later published cases cite this decision.

Zarati SS Co. v. Park Bridge Corporation (2d Cir. 1946)
Atwater v. North American Coal Corporation (2d Cir. 1940)
Hunteman v. New Orleans Public Service, Inc. (5th Cir. 1941)
Shultz v. Manufacturers & Traders Trust Co. (2d Cir. 1939)
Moss v. Kansas City Life Ins. Co. (8th Cir. 1938)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

These actions are for breach of contract against Charles R. McCormick Lumber Company of Delaware and Charles R. McCormick & Co., a California corporation. The affidavits interposed a defense that the actions abated as against the California corporation, because it was dissolved and had no legal existence at the time the actions were commenced. On motions duly made, this defense was sustained. Orders were entered, and thereupon these writs were sued out.

Motions are made to dismiss the writs of error because of lack of jurisdiction to review them. Section 128 of the Judicial Code (28 USCA § 225) grants jurisdiction to this court in the exercise of appellate jurisdiction to review by appeal or writ of error final decisions of the district court. The orders entered below are not final dispositions of the cases as between all parties, and these writs of error cannot be maintained. Hohorst v. Hamburg American Packet Co., 148 U. S. 262, 13 S. Ct. 590, 37 L. Ed. 443; Bank of Rondout v. Smith, 156 U. S. 330, 15 S. Ct. 358, 39 L. Ed. 441; Arnold v. Guimarin, 263 U. S. 427, 44 S. Ct. 144, 68 L. Ed. 371; Stromberg Motor Devices Co. v. Arnson et al. (C. C. A.) 239 F. 891; Menge v. Warriner (C. C. A.) 120 F. 816.

The writs of error are dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.