Legal Opinion

Eagle Manufacturing Co. v. Arkell & Douglas, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1921PublishedCited by 4 opinions

Appeal by the defendant, Arkell & Douglas, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of March, 1921, upon the verdict of a jury rendered by direction of the court.

1Opinion of the Court

Greenbaum, J.:

The complaint alleges the sale and delivery of merchandise to defendant between October 7, 1920, a'nd November 4, 1920, at the agreed price of $2,802.01.

The answer denies the allegations of sale and delivery and for a first and separate defense alleges that the plaintiff is a foreign stock corporation doing business in this State which has failed to comply with the provisions of section 15 of the General Corporation Law (as amd. by Laws of 1917, chap. 594). For a second separate defense the answer alleges that the merchandise in suit was purchased on or about the 10th of March,…

2Cases cited4 opinions

  1. Hovey v. . De Long Hook Eye Co.New York Court of Appeals · 1914
  2. Brookford Mills, Inc. v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1913
  3. E. T. Burrowes Co. v. CaplinAppellate Division of the Supreme Court of the State of New York · 1908
  4. Rundle Spence Manufacturing Co. v. Gainsborough Construction Co.Appellate Terms of the Supreme Court of New York · 1910

3Cited by4 opinions

  1. L. Albert & Son v. Armstrong Rubber Co.Court of Appeals for the Second Circuit · 1949
  2. Colonial Mortgage Co. v. First Federal Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
  3. New York Automatic Canteen Corp. v. Keepel & Ruof, Inc.City of New York Municipal Court · 1949
  4. Deutsch v. HogeDistrict Court, S.D. New York · 1943

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