Legal Opinion
Philo Smith & Co., Inc. v. Uslife Corp.
District Court, S.D. New York
Decided September 24, 1976No. 74 Civ. 1280 (CHT)PublishedCited by 24 opinions
1Opinion of the Court
OPINION
TENNEY, District Judge.
This is an action for the recovery of a finder’s fee brought under this Court’s diversity jurisdiction, 28 U.S.C. § 1332. In an earlier memorandum opinion, dated December 20, 1974, the Court sustained the complaint insofar as it supported recovery based on the doctrine of promissory estoppel but dismissed the plaintiffs’ other claims, based on two written finder’s-fee agreements and on the theory of quantum meruit, as barred by the statute of frauds, New York General Obligations Law § 5-701(10), and by the parol evidence rule. Trial was had on the one remaining…
2Cases cited20 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Galloway v. United StatesSupreme Court of the United States · 1943
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Norton J. Lehman v. Dow Jones & Company, Inc.Court of Appeals for the Second Circuit · 1986
- Kubin v. MillerDistrict Court, S.D. New York · 1992
- Philo Smith & Co., Inc. And James E. Rutherford v. Uslife CorporationCourt of Appeals for the Second Circuit · 1977
- Special Event Entertainment v. Rockefeller Center, Inc.District Court, S.D. New York · 1978
- Amato v. Western Union International, Inc.Court of Appeals for the Second Circuit · 1985
19 more not listed; retrieve them via the Exa API.