Legal Opinion
Kerber Straw Hat Corp. v. Lincoln
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 1934PublishedCited by 5 opinions
1Opinion of the CourtO’Malley, J.
Additional essential facts to those contained in the opinion of Mr. Justice Untermyer will be stated in the course of this opinion.
Plaintiff’s motion for judgment on the pleadings was made upon the complaint, the answer and the reply. No counter-motion for the dismissal of the complaint was made.
The answer denies in effect that the plaintiff is entitled to the refunds made or to be made and also the allegation that plaintiff has no adequate remedy at law. The first defense is to the effect that plaintiff has such remedy. The second defense is predicated upon an alleged custom or usage in the…
2Cases cited5 opinions
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- Fur & Wool Trading Co. v. George I. Fox, Inc.New York Court of Appeals · 1927
- B. N. Exton & Co. v. Home Fire & Marine InsuranceNew York Court of Appeals · 1928
- Hager v. SwayneSupreme Court of the United States · 1893
- M. & E. Solomon Tobacco Co. v. CohenNew York Court of Appeals · 1906
3Cited by5 opinions
- Lucas v. PanosWashington Supreme Court · 1937
- Fireproof Products Co. v. Amerlux Steel Products Corp.City of New York Municipal Court · 1936
- Kerber Straw Hat Corp. v. LincolnAppellate Division of the Supreme Court of the State of New York · 1934
- Phoenix Insurance v. Atlantic National InsuranceAppellate Division of the Supreme Court of the State of New York · 1961
- Rotberg v. M. S. & J. A. Workman, Inc.Appellate Division of the Supreme Court of the State of New York · 1935