Blumberg v. Touche Ross & Co.
Supreme Court of Alabama
1Opinion of the Court
"Thoughts much too deep for tears subdue the court When I assumpsit bring, and god-like waive the tort."1
Was the plaintiffs' action time barred? To answer this, we must determine whether the plaintiffs could proceed in assumpsit against an accounting firm, Touche Ross Co., that the plaintiffs employed to examine the balance sheet of Blumberg Sons, a retail department store, operated by the plaintiffs as a partnership, or whether the alleged wrong was tortious only. The suit was filed more than one year,2 but less than six years, after Touche Ross allegedly failed to disclose a material…
Also in this document: Concurrence.
2Cases cited19 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Day v. Campbell-Grosjean Roofing & Sheet Metal Corp.Supreme Court of Louisiana · 1971
- In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Video Corp. of America v. Frederick Flatto Associates, Inc.New York Court of Appeals · 1983
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3Cited by104 opinions
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Big B, Inc. v. CottinghamSupreme Court of Alabama · 1993
- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Gary v. CrouchCourt of Civil Appeals of Alabama · 2005
- Bowers v. Wal-Mart Stores, Inc.Supreme Court of Alabama · 2001
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