Ingersoll-Rand Co. v. United States Shipping Board Emergency Fleet Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, United States Shipping Board Emergency Fleet Corporation, 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 13th day of October, 1920, sustaining 'the demurrer of the plaintiff to the affirmative defense alleged in the answer.
1Opinion of the Court
Page, J.:
This action is to recover the sum of $1,477.85 from the defendant, a corporation organized and existing under the laws of the District of Columbia, as the undisclosed principal of the Fougner Concrete Ship Building Co., Inc., a domestic corporation, to which the plaintiff, a New Jersey corporation, sold and delivered pneumatic tools of the agreed price and value of $2,463.35, upon account of which $985.50 has been paid.
The separate defense in the answer which is challenged is as follows:
“3. The defendant is a corporation organized April 16, 1917, pursuant to sub-chapter 4 of the…
2Cases cited4 opinions
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- United States v. StrangSupreme Court of the United States · 1921
- President of the Bank of Kentucky v. WisterSupreme Court of the United States · 1829
- Barings v. DabneySupreme Court of the United States · 1874
3Cited by14 opinions
- United States v. BrownNew York Court of Appeals · 1928
- Norton v. Southern Railway Co.City of New York Municipal Court · 1930
- De Simone v. Transportes Maritimos Do EstadoAppellate Division of the Supreme Court of the State of New York · 1922
- Schantz v. American Auto Supply Co.New York Supreme Court · 1942
- Cox v. Lykes BrothersAppellate Division of the Supreme Court of the State of New York · 1923
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