# Horn & Brannen Mfg. Co. v. Pelzer

> Court of Appeals for the Third Circuit · December 21, 1898 · 91 F. 665

URL: https://www.frixlaw.com/law-library/cases/8864039

## Case

- **Full name:** HORN & BRANNEN MFG. CO. v. PELZER
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** December 21, 1898
- **Citations:** 91 F. 665; 34 C.C.A. 45; 1898 U.S. App. LEXIS 1863
- **Precedential status:** Published
- **Opinion:** Dissent by Butler
- **Judges:** Acheson, Butler, Kirkpatrick
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8864039

## Opinion text

BUTLER, District Judge.
I dissent on the ground that the decision in Maitland v. Manufacturing Co. [ 29 C. C. A. 607 ], 86 Fed. 124 , by the circuit court of appeals for the Second circuit, should control our decree. The issue and proofs were substantially the same there as they are here, and the defendant here was associated in the defense there. I cannot regard the effort made in the foregoing opinion-to distinguish the cases as successful. The conclusion to reverse rests mainly on a contention that the decision in Maitland v. Manufacturing Co; is erroneous; and it was upon this contention that the appellant rested his case.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8864039. Public record. Not legal advice.