Banco Nacional Ultramarino v. Newton
District Court, E.D. New York
At Raw. Action by the Banco Nacional Ultramarino against Byron R. Newton, Collector of Customs, District No. 10. On demurrer and motion to strike separate defenses.
1Opinion of the CourtGarvin, District Judge
Plaintiff has demurred to the fourth separate defense set forth in defendant’s answer to the amended complaint upon the ground that the same is insufficient in law. The demurrer is brought on for argument, with a motion by plaintiff to strike out the “first,” “second,” and “third” defenses contained in defendant’s answer, on the ground that they are irrelevant, and the “fifth” defense on the ground that it is sham.
[1] The action is to recover $6,279, the value of 381 boxes of sardines, the property of plaintiff, which defendant, without authority and unlawfully, delivered to the firm of R. C.…
2Cases cited2 opinions
- Robertson v. SichelSupreme Court of the United States · 1888
- Brissac v. LawrenceU.S. Circuit Court for the District of Southern New York · 1850
3Cited by1 opinion
- Malewicki v. QvaleCourt of Appeals for the Eighth Circuit · 1924