Legal Opinion
James King & Son, Inc. v. Indemnity Insurance Co. of North America
District Court, S.D. New York
Decided October 29, 1959PublishedCited by 3 opinions
1Opinion of the Court
RYAN, Chief Judge.
These two motions are filed by the plaintiff, James King & Son, Inc. to strike from the answer of third-party defendants G. F. Sauter & Son an affirmative defense and a claim which the third-party defendants assert against the plaintiff.
It is alleged in the pleadings that plaintiff, a New York corporation, with its principal place of business at 350 Fifth Avenue, New York City, contracted on March 21, 1957, with the Hospital Association of the City of Schenectady, New York, to make certain additions and alterations to the Ellis Hospital. The contract provided that the work…
2Cases cited7 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Matter of Hosiery Mfrs. Corp. v. . GoldstonNew York Court of Appeals · 1924
- American Reserve Insurance v. China InsuranceNew York Court of Appeals · 1948
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Revere Copper and Brass Incorporated v. The Aetna Casualty and Surety Company, and Third-Party v. George A. Fuller Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
- Heintz & Co. v. Provident Tradesmens Bank & Trust Co.District Court, E.D. Pennsylvania · 1962
- Union Bank & Trust Co. v. St. Paul Fire & Marine InsuranceDistrict Court, D. Nebraska · 1965