E. A. Strout Co. v. Howell
Superior Court of Delaware
Summons Case This was a general demurrer to the replication of the plaintiff to a special plea of the defendants. The said plea was in the following language: "5. And for further plea in this behalf, the said defendants, by like leave, say that the said plaintiff ought not to have or maintain its aforesaid action against them, because they say that the said plaintiff did not have a license at the time when the transactions mentioned in its said declaration are alleged to…
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Summons Case This was a general demurrer to the replication of the plaintiff to a special plea of the defendants. The said plea was in the following language: "5. And for further plea in this behalf, the said defendants, by like leave, say that the said plaintiff ought not to have or maintain its aforesaid action against them, because they say that the said plaintiff did not have a license at the time when the transactions mentioned in its said declaration are alleged to have occurred, from the State of Delaware to be engaged in, prosecute, or follow within the limits of this state the…
1Opinion of the CourtPennewill, C. J.
delivering the opinion of the court:
We have very carefully read and considered the opinion of the Supreme Court given in the case of Model Heating Company v. Magarity, (ante 459, 81 Atl. 394,) and fail to find that the case of Reeder v. Jones, 6 Penn. 66, 65 Atl. 571, is in any manner or to any extent overruled or disapproved. On the contrary we think the law laid down by the court in their charge to the jury in the latter case is rather approved than disapproved. At any rate the court distinguished the two cases, and it cannot be said that the decision in the Reeder case was in fact or in…
2Cases cited2 opinions
- Model Heating Co. v. MagaritySupreme Court of Delaware · 1911
- Reeder v. JonesSuperior Court of Delaware · 1902
3Cited by3 opinions
- Mendolia v. ZakrzewskiSuperior Court of Delaware · 1941
- Bond Associates, Inc. v. Continental Arms, Inc.Supreme Court of Delaware · 1973
- Wilmington Dry Goods Co. v. National Automatic Machine Co.Superior Court of Delaware · 1937