Legal Opinion
Durham Industries, Inc. v. North River Insurance
District Court, S.D. New York
Decided December 11, 1979No. 79 Civ. 1705 (RWS)PublishedCited by 34 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
In this action to recover damages for abuse of process and prima facie tort, Durham Industries, Inc. (“Durham”) has moved for an order dismissing the four affirmative defenses raised by defendant North River Insurance Company (“North River”). Defendant has responded with a motion for summary judgment pursuant to Fed.R. Civ.P. 56.
The circumstances leading up to this action arose out of an agreement between the Ta Peng Steamship Company (“Ta Peng”) and Durham for the delivery of a shipment of toys. After Ta Peng failed to make that delivery, Durham commenced an…
2Cases cited17 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
- Secor v. . SturgisNew York Court of Appeals · 1858
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
12 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Billie Williams v. Jader Fuel Company, Inc.Court of Appeals for the Seventh Circuit · 1991
- Barnes v. AT & T Pension Benefit Plannonbargained ProgramDistrict Court, N.D. California · 2010
- Salcer v. Envicon Equities Corp.Court of Appeals for the Second Circuit · 1984
- Glenside West Corp. v. Exxon Co., USADistrict Court, D. New Jersey · 1991
- Allendale Mutual Insurance v. Bull Data Systems, Inc.District Court, N.D. Illinois · 1993
29 more not listed; retrieve them via the Exa API.