Legal Opinion

Pennsylvania R. Co. v. Musante-Phillips, Inc.

District Court, N.D. California

Decided December 12, 1941No. 21885-SPublishedCited by 27 opinions

1Opinion of the Court

JAMES ALGER FEE, District Judge.

The plaintiff sues to recover freight and other charges upon a car load of lettuce from Oxnard, California, by various diversions to Philadelphia, Pennsylvania, where the consignee rejected. Credit is given for the amount received upon sale after rejection.

Defendant filed answer containing (1) admissions and denials, (2) an affirmative defense, (3) a defense by way of counterclaim. Plaintiff has moved “to dismiss the answer and counterclaim”. This motion cannot, of course, be an attack upon either the first two portions of the answer.

The counterclaim alleges…

2Cases cited14 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
  3. Engel v. DavenportSupreme Court of the United States · 1926
  4. Missouri, Kansas & Texas Railway Co. v. WardSupreme Court of the United States · 1917
  5. Chicago & North Western Railway Co. v. LindellSupreme Court of the United States · 1930

9 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Southern Pacific Company, a Corporation of the State of Delaware v. Miller Abattoir Company, a Corporation of the State of New JerseyCourt of Appeals for the Third Circuit · 1972
  2. Schott v. Colonial Baking Co.District Court, W.D. Arkansas · 1953
  3. Fedders North America, Inc. v. Branded Products, Inc. (In Re Branded Products, Inc.)United States Bankruptcy Court, W.D. Texas · 1993
  4. Montgomery Ward & Co. v. Northern Pacific Terminal Co.District Court, D. Oregon · 1953
  5. Sastre v. Cabrera RaldirisSupreme Court of Puerto Rico · 1953

22 more not listed; retrieve them via the Exa API.

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