Legal Opinion

Cohn v. James C. Gismond & Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1922PublishedCited by 5 opinions

1Opinion of the Court

Page, J.:

The action was to recover the balance due on the purchase price for goods sold and delivered. The action was commenced on May 10, 1920. The answer set up as a complete defense that the plaintiffs at the time of the commencement of the action were and still are aliens born within the Empire of Germany, and were and still are subjects and citizens thereof, or of its present state, temporarily residing in the Republic of San Salvador; that at the time of the commencement of this action the Empire of Germany was and still is at war with and an enemy of the United States of America; that…

2Cases cited2 opinions

  1. Rothbarth v. HerzfeldAppellate Division of the Supreme Court of the State of New York · 1917
  2. Rothbarth v. . HerzfeldNew York Court of Appeals · 1918

3Cited by5 opinions

  1. Drewry v. OnassisAppellate Division of the Supreme Court of the State of New York · 1943
  2. Propper v. BuckNew York Supreme Court · 1942
  3. In re RenardNew York Surrogate's Court · 1943
  4. In re the Estate of HohmNew York Surrogate's Court · 1945
  5. The Santa LuciaDistrict Court, S.D. New York · 1942

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