Legal Opinion · Dissent

East Coast Oil Co. v. Hollins

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

Decided May 17, 1918Published

Separate appeals by the plaintiff, the East Coast Oil Company, S. A., from three orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of January, 1918, denying plaintiff’s motion to overrule the separate demurrers of the several defendants to the complaint and sustaining said separate demurrers, with leave to plaintiff to serve an amended complaint.

1Dissent

Smith, J. (dissenting):

The plaintiff, a Mexican corporation, made a contract in New York city with the Toltec Mexican Oil Company, a Delaware corporation, for the sale and delivery to the Toltec Company of the output of the Mexican Company’s oil wells located in Mexico, the delivery to be made at Tampico, Mex., to commence within ten months after the date of the contract, and payments were to be made by the Toltec Company sixty days after delivery in each month at the Mexican Company’s “ office in New York.” The defendants herein *71are' guarantors of the above contract under the name of H. B.…

2Cases cited11 opinions

  1. Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
  2. Vaughn Machine Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1901
  3. Cummer Lumber Co. v. Associated Manufacturers' Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
  4. People Ex Rel. Armstrong Cork Co. v. . BarkerNew York Court of Appeals · 1898
  5. Cummer Lumber Co. v. Associated Manufacturers' Mutual Fire InsuranceNew York Court of Appeals · 1903

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