Legal Opinion
Fairbanks, Morse & Co. v. Consolidated Fisheries Co.
Court of Appeals for the Third Circuit
Decided July 9, 1951No. 10381_1PublishedCited by 94 opinions
1Opinion of the Court
STALEY, Circuit Judge.
This is an appeal from an entry of summary judgment by the district court pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. Federal jurisdiction is based on diversity of citizenship and the requisite jurisdictional amount. 1
The first cause of action 2 stated in the complaint is based on 29 promissory notes, in the total amount of $48,140, represent-, ing the balance of the purchase price of a diesel engine and generating equipment purchased by defendant from plaintiff. The defense urged upon the trial court is failure of consideration. More…
2Cases cited12 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
- Nichols v. Clark, MacMullen & Riley, Inc.New York Court of Appeals · 1933
- Wittlin v. GiacaloneCourt of Appeals for the D.C. Circuit · 1946
- Chicago Pneumatic Tool Co. v. ZieglerCourt of Appeals for the Third Circuit · 1945
7 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Sylvester Lockhart, Jr. v. Charles A. Hoenstine, Prothonotary of the Superior Court of PennsylvaniaCourt of Appeals for the Third Circuit · 1969
- Morgan v. SylvesterDistrict Court, S.D. New York · 1954
- Ettinger v. JohnsonCourt of Appeals for the Third Circuit · 1977
- Zampos v. United States Smelting, Refining and Mining Co. Anderson v. United States Smelting, Refining and Mining CoCourt of Appeals for the Tenth Circuit · 1953
- F.A.R. Liquidating Corp. v. Brownell, Atty. GenCourt of Appeals for the Third Circuit · 1954
89 more not listed; retrieve them via the Exa API.