Legal Opinion
Hub Oil Co. v. Jodomar, Inc.
New York Supreme Court
Decided May 5, 1941PublishedCited by 4 opinions
1Opinion of the CourtVan Voobhis, J.
This motion is founded upon facts claimed to be established prima facie by documentary evidence, and, therefore, is maintainable by the defendant. (Levine v. Behn, 282 N. Y. 120; Lederer v. Wise Shoe Co., 276 id. 459.)
Plaintiff seeks to recover for gasoline, lubricating oil, kerosene and alcohol sold and delivered to defendant Jodomar, Inc., and used by it in the reconstruction of a bridge over the Barge Canal in the performance of a contract with the State of New York. The fuel and lubricants thus supplied found no permanent place in the completed structure, but were used in the contractor’s…
2Cases cited5 opinions
- George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Shultz v. C. H. Quereau Co.New York Court of Appeals · 1914
- Levine v. BehnNew York Court of Appeals · 1940
- People Ex Rel. Champlin v. . GrayNew York Court of Appeals · 1906
- Lackawanna Steel Construction Co. v. Longacre Engineering & Construction Co.New York Supreme Court · 1934
3Cited by4 opinions
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
- International Harvester Co. v. L. G. DeFelice & Son, Inc.Supreme Court of Connecticut · 1964
- Scaccia Concrete Corp. v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- A. & J. Buyers, Inc. v. PeopleNew York Supreme Court · 1967