Legal Opinion
Fernandina Shipbuilding & Dry Dock Co. v. Peters
District Court, S.D. Florida
Decided August 17, 1922No. 866PublishedCited by 6 opinions
1Opinion of the Court
CLAYTON, District judge
(after stating the facts as above). This is an action of trespass on the case. It is sounding in tort. It is not brought for a breach of a contract or for a false warranty. Fraud and deceit constitute the gravamen of the complaint. In the ad damnum clause of the declaration the plaintiff claims damages for $800,000. I have carefully examined the declaration in the light of the objections raised by the demurrer, which contains 31 grounds. It is my opinion that the demurrer cannot be sustained on any one of the grounds.
The first objection raised by the demurrer to the…
2Cases cited32 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898
- Scott v. DonaldSupreme Court of the United States · 1897
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
27 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- First Nat. Bank of Denver v. Federal Reserve Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1925
- American Enameled Brick & Tile Co. v. BrozekMichigan Supreme Court · 1930
- Palmer v. MorenDistrict Court, M.D. Pennsylvania · 1942
- Butler v. Armour & Co.Supreme Court of North Carolina · 1926
- Camden Fire Ins. Ass'n v. Di GiovanniCourt of Appeals for the Eighth Circuit · 1935
1 more not listed; retrieve them via the Exa API.