Morgan Munitions Supply Co. v. Studebaker Corp.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Morgan Munitions Supply Company, Inc., and by the defendant, The Studebaker Corporation of America, from an order 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 28th day of June, 1917. Plaintiff appeals from so much of said order as overrules its demurrer to the first defense in the supplemental answer.
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Cross-appeals by the plaintiff, Morgan Munitions Supply Company, Inc., and by the defendant, The Studebaker Corporation of America, from an order 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 28th day of June, 1917. Plaintiff appeals from so much of said order as overrules its demurrer to the first defense in the supplemental answer. Defendant appeals from so much of said order as sustains a demurrer to the second defense.
1Dissent
Laughlin, J. (dissenting):
I agree with Mr. Justice Dowling with respect to his construction of the two defenses to which the plaintiff demurred on the ground that the facts therein stated were insufficient in law. There is in neither of the defenses a denial of any of the allegations of the complaint, and it appears by thé second defense that the defendant did not acquire knowledge of the falsity of the statements alleged to have been made by the plaintiff’s assignor in obtaining the employment until *537after the commencement of the action from which it necessarily follows that its alleged…
2Cases cited18 opinions
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Phelps v. . McQuadeNew York Court of Appeals · 1917
- Smith v. . CoeNew York Court of Appeals · 1902
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