Mitsubishi Shoji Kaisha, Ltd. v. Davis
District Court, S.D. New York
1Opinion of the Court
LEARNED HAND, District Judge.
This case comes up on motion for judgment on the pleadings coupled with a stipulation admitting the answer. The motion would have been the same without the stipulation, except that there is now no reason to allow any further pleading or any trial. It presents only the question whether the plaintiff is entitled to its resale price in Yokohama or the market price at the same place. I ignore the first two points presented, because if the plaintiff is wrong on the third, they are without importance.
The facts stated in the pleadings are that before the bill of lading…
2Cases cited9 opinions
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Chapman v. . FargoNew York Court of Appeals · 1918
- Champion Spark Plug Co. v. Automobile Sundries Co.Court of Appeals for the Second Circuit · 1921
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1909
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3Cited by6 opinions
- Bu-Vi-Bar Petroleum Corporation v. KrowCourt of Appeals for the Tenth Circuit · 1930
- The Great Atlantic & Pacific Tea Company, Inc. v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Seventh Circuit · 1964
- The Paper Magic Group, Inc. v. J.B. Hunt Transport, Inc.Court of Appeals for the Third Circuit · 2003
- Smith v. WhiteDistrict Court, E.D. Missouri · 1942
- Winkler v. De VaporesCity of New York Municipal Court · 1943
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