Legal Opinion

Talmadge v. United States Shipping Board, Emergency Fleet Corp.

Court of Appeals for the Second Circuit

Decided November 2, 1931No. 18Published

1Opinion

On Rehearing.

L. HAND, Circuit Judge.

The rehearing presents a question which was not originally submitted and which unfortunately eseapéd our attention'at the time; that arising from the defendant’s incorporation under the laws of the District of Columbia. From this the plaintiff argues that it is a foreign corporation, and as such unable to plead the statute of limitations of New York. Olcott v. Tioga R. R., 20 N. Y. 210, 75 Am. Dec. 393; Rathbun v. Northern Central Ry. Co., 50 N. Y. 656; Boardman v. Lake Shore, etc., R. R., 84 N. Y. 157. The relevant sections of the Civil Practice Act are…

2Cases cited8 opinions

  1. Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
  2. Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
  3. Comey v. . United Surety Co.New York Court of Appeals · 1916
  4. National Surety Co. v. RuffinNew York Court of Appeals · 1926
  5. Palmer v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1881

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