Legal Opinion

Murarka v. Bachrack Bros.

District Court, S.D. New York

Decided April 10, 1953Published

1Opinion of the Court

MURPHY, District Judge.

This action for breach of contract for the sale of goods was dismissed by this «court without prejudice for lack of proof of plaintiffs’ citizenship. Murarka v. Bachrack Bros., Inc., D.C., 108 F.Supp. 597. Plaintiffs’ motion to reopen the case upon the sole issue of jurisdiction was granted on December 29, 1952. Additional testimony was taken and further evidence received. At this time plaintiffs moved to amend that paragraph of their complaint which reads, “That each plaintiff is an alien and subject of Great Britain,” so as to state “that each plaintiff is an alien…

2Cases cited16 opinions

  1. Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
  2. Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
  3. Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
  4. Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
  5. Van Brocklen v. . SmeallieNew York Court of Appeals · 1893

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