Legal Opinion

Brewster v. Kable News Co.

Court of Appeals for the Second Circuit

Decided March 30, 1945No. 252Published

1Opinion of the Court

CLARK, Circuit Judge.

This is an action to recover installments due since August 17, 1939, upon a contract made by defendant in 1934 for weekly payments to plaintiff during her lifetime. Payments having been made under the contract until March 11, 1937, plaintiff brought an action in the state courts in which she recovered a judgment covering installments until August 17, 1939. Brewster v. Kable News Co., 289 N.Y. 246, 45 N.E.2d 426, motion for reargument denied 289 N.Y. 849, 47 N.E.2d 445. The present action was instituted in the state court and was removed to the district court below by…

2Cases cited7 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. Stoll v. GottliebSupreme Court of the United States · 1938
  3. American Surety Co. v. BaldwinSupreme Court of the United States · 1932
  4. United States v. MoserSupreme Court of the United States · 1924
  5. Brewster v. Kable News Co.New York Court of Appeals · 1942

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