Legal Opinion · Dissent
Esso International, Inc. v. American Cargo Line, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 1964PublishedCited by 1 opinion
1Dissent
Eager, J. (dissenting).
The individual defendant appeals from an order denying his motion for summary judgment dismissing the complaint.
The action is ¡brought to recover upon the individual defendant’s alleged guarantee of the payment of the purchase price for two shipments of bunker fuel sold and delivered by plaintiff to the American Cargo Line, Inc. The agreement of guarantee, as originally made, was oral and was confirmed by a letter signed by the defendant. The defendant has interposed the Statute of Frauds as a defense, and premised his motion for summary judgment thereon. Special Term,…
2Cases cited5 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Marks v. . CowdinNew York Court of Appeals · 1919
- Drake v. . SeamanNew York Court of Appeals · 1884
- Carson Petroleum Co. v. Union Commerciale Des PetrolesAppellate Division of the Supreme Court of the State of New York · 1926
- Carson Petroleum Co. v. Union Commercials Des PetrolesNew York Court of Appeals · 1926
3Cited by1 opinion
- MICA Corp. v. Delta Transnational, Inc.District Court, S.D. New York · 1979