Morgan Munitions Supply Co. v. Studebaker Corp.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Morgan Munitions Supply Company, Inc., and by the defendant, The Studebaker Corporation of America, 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 28th day of June, 1917. Plaintiff appeals from so much of said order as overrules its demurrer to the first defense in the supplemental answer.
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Cross-appeals by the plaintiff, Morgan Munitions Supply Company, Inc., and by the defendant, The Studebaker Corporation of America, 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 28th day of June, 1917. Plaintiff appeals from so much of said order as overrules its demurrer to the first defense in the supplemental answer. Defendant appeals from so much of said order as sustains a demurrer to the second defense.
1Opinion of the Court
Dowling, J.:
This action is brought by plaintiff as the assignee of one Hill G. Morgan to recover the sum of $825,000 claimed to be due him under the terms of a contract between him and the defendant. The complaint sets forth that in September, 1914, Hill G. Morgan was engaged in business as a broker and selling agent, particularly as representative of various persons, firms and corporations, for the purpose of obtaining on their behalf contracts from the governments now engaged in war, to purchase from his clients munitions of war and other goods manufactured or sold by the latter. It is then…
2Cases cited8 opinions
- Kley v. . HealyNew York Court of Appeals · 1891
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Hull v. . RugglesNew York Court of Appeals · 1874
- Griffith v. WellsNew York Supreme Court · 1846
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
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3Cited by1 opinion
- Robitzek v. Reliance Intercontinental Corp.Appellate Division of the Supreme Court of the State of New York · 1959