Legal Opinion

United States v. Curtiss Aeroplane Co.

District Court, S.D. New York

Decided October 7, 1943PublishedCited by 3 opinions

1Opinion of the Court

RIFKIND, District Judge.

In support of the motion for reargument plaintiff presents additional facts by affidavit and advances two arguments, of which, one was disavowed upon the original hearing, and one is new and founded upon the newly adduced facts.

The previously disavowed argument is that the agreement of March 15, 1922, should be given effect as an acknowledgment of debt sufficient to take the claim out of the operation of the statute of limitations. In support of this proposition plaintiff relies heavily upon the unreported decision (previously undiscovered) of the Special Term of the…

2Cases cited15 opinions

  1. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  2. United States v. PinkSupreme Court of the United States · 1942
  3. Shapley v. . AbbottNew York Court of Appeals · 1870
  4. Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
  5. Downey v. PalmerCourt of Appeals for the Second Circuit · 1940

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3Cited by3 opinions

  1. Steingut v. Guaranty Trust Co. of New YorkDistrict Court, S.D. New York · 1944
  2. Gonzales v. TuttmanDistrict Court, S.D. New York · 1945
  3. In re the Arbitration between General Accident Fire & Life Assurance Corp. & CerrettoNew York Supreme Court · 1969

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