E. B. Ficklen Tobacco Co. v. Friedberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, E.. B. Ficklen Tobacco Company, 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 16th day of March, 1921, staying -the trial of the action and directing the plaintiff to permit the defendants to inspect and remove portions of the tobacco stored in North Carolina, and also from an order entered in said clerk’s office on the 14th day of March, 1921, denying…
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Appeal by the plaintiff, E.. B. Ficklen Tobacco Company, 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 16th day of March, 1921, staying -the trial of the action and directing the plaintiff to permit the defendants to inspect and remove portions of the tobacco stored in North Carolina, and also from an order entered in said clerk’s office on the 14th day of March, 1921, denying plaintiff’s motion to stay the defendants from proceeding with their counterclaim. Appeal by the defendants, A. Friedberg…
1Opinion of the Court
Page, J.:
The plaintiff is a foreign corporation organized and existing under and by virtue of the laws of the State of North Carolina and having its place of business in that State. The defendants reside and have their place of business in Pittsburg, Penn. The complaint alleges the sale and delivery by the plaintiff to the defendants, between the months of December, 1919, and February, 1920, of certain hogsheads of tobacco at the agreed price and reasonable value of $37,753.23. The answer, by failure to deny, admits the sale, delivery and agreed price of the tobacco, ,but denies that the sum…
2Cited by2 opinions
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