Legal Opinion
Hertz v. Graham
District Court, S.D. New York
Decided December 23, 1957PublishedCited by 2 opinions
1Opinion of the Court
IRVING R. KAUFMAN, District Judge.
By this motion plaintiff seeks (1) an order under Rule 15(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. permitting her to serve a supplemental reply raising the defense of res judicata to defendant’s counterclaim and (2) for a summary judgment under Rule 56(b) dismissing defendant’s counterclaim as res judicata.
This action was instituted by plaintiff on December 13, 1954, the jurisdiction of this court being founded upon diversity of citizenship. The complaint seeks recovery of the value of plaintiff’s race horse which was allegedly killed in a…
2Cases cited7 opinions
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- Muller v. . McKessonNew York Court of Appeals · 1878
- Molloy v. . StarinNew York Court of Appeals · 1908
- Lynch v. . McNallyNew York Court of Appeals · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hertz v. GrahamDistrict Court, S.D. New York · 1958
- Fannie K. Hertz v. Elizabeth N. Graham, Individually and Doing Business as Maine Chance FarmCourt of Appeals for the Second Circuit · 1961