Gibson v. Victor Talking Mach. Co.
District Court, D. New Jersey
At Raw. Action by Robert E. Gibson against the Victor Talking Machine Company. On demurrer to second amended declaration.
1Opinion of the Court
HAIGHT, District Judge.
This matter is before the court upon a demurrer to the plaintiff’s second amended declaration. Twenty-nine grounds of demurrer are assigned. All of them, except those hereinafter specially referred to, are the result, I think, of a misconception on the part of defendant’s counsel of the nature and purpose of this action. This, however, is not surprising, in view of some of the allegations of the declaration and the attitude which plaintiff’s counsel took upon a previous demurrer regarding the nature of the action. He then argued that the action was one in tort, and now…
2Cases cited27 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
- Keller v. AshfordSupreme Court of the United States · 1890
- Whitney v. WymanSupreme Court of the United States · 1880
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3Cited by8 opinions
- Home v. SellingOregon Supreme Court · 1919
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- Aetna Life Ins. Co. of Hartford, Conn. v. MaxwellCourt of Appeals for the Fourth Circuit · 1937
- American Equitable Assurance Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- In Re Wolf Mfg. IndustriesCourt of Appeals for the Seventh Circuit · 1932
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