Morgan Munitions Supply Co. v. Studebaker Corporation of America
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 21, 1917, which affirmed so much of an order of Special Term as overruled a demurrer to the first defense set up in the answer and reversed so much of said order as sustained a demurrer to the second defense.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 21, 1917, which affirmed so much of an order of Special Term as overruled a demurrer to the first defense set up in the answer and reversed so much of said order as sustained a demurrer to the second defense. The following questions were certified: “1. Is the first defense contained in the answer of the defendant sufficient in law upon the face thereof? 2. Is the second defense contained in the answer of the defendant sufficient- in law upon the face thereof?…
1Opinion of the CourtCrane, J.
The appeal is from an order overruling demurrers to the new matter set up as defenses to the cause of action set forth in the complaint.
The plaintiff in its pleading alleges that in the month of September, 1914, at New York city, the defendant entered into an agreement with one Hill G. Morgan authorizing and requesting him to negotiate sales with and obtain orders from the governments engaged in the war, and promised to pay him a commission of 5% upon the purchase price of all the goods sold by the defendant as the result of his efforts. It further alleges that on or about the 15th day of…
2Cases cited6 opinions
- Continental Wall Paper Co. v. Louis Voight & Sons Co.Supreme Court of the United States · 1909
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960
- Stone v. FreemanNew York Court of Appeals · 1948
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- Sprung v. JaffeNew York Court of Appeals · 1957
- Bendell v. De DominicisNew York Court of Appeals · 1929
39 more not listed; retrieve them via the Exa API.