Legal Opinion

New York Credit Men's Adjustment Bureau, Inc. v. Bruno-New York, Inc.

District Court, S.D. New York

Decided March 29, 1954PublishedCited by 10 opinions

1Opinion of the Court

McGOHEY, District Judge.

This suit for treble damages under the Clayton Act 1 was commenced by the bankrupt prior to adjudication. The trustee having been substituted as plaintiff filed an “amended and supplemental complaint” to which answers were made. It now moves against those answers as follows:

I

to strike the following defenses as insufficient in law, pursuant to Rule 12(f) :

A

set offs based on:

1

goods sold and delivered, as pleaded by Zenith (5) ; * Philco (16, 17); Cooper (9); Warren-Connolly (IX); Crosley (6); General Electric (9); Bruno (46-48).

2. damages for violation of the Clayton…

2Cases cited16 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, Inc.Supreme Court of the United States · 1951
  3. Chattanooga Foundry & Pipe Works v. City of AtlantaSupreme Court of the United States · 1906
  4. Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
  5. Ring v. SpinaCourt of Appeals for the Second Circuit · 1945

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. James Riggs, Trustee in Bankruptcy v. Government Employees Financial Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
  2. Binnick v. Avco Financial Services of Nebraska, Inc.District Court, D. Nebraska · 1977
  3. Lehmann Trading Corporation v. J & H STOLOW, INC.District Court, S.D. New York · 1960
  4. Henkin v. Rockower Bros., Inc.District Court, S.D. New York · 1966
  5. Kaufman's of Kentucky v. WallCourt of Appeals of Kentucky · 1964

5 more not listed; retrieve them via the Exa API.

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