Legal Opinion

Matthew Smith Tea, Coffee & Grocery Co. v. Lamborn

District Court, S.D. New York

Decided July 18, 1921PublishedCited by 5 opinions

At Raw. Actions by the Matthew Smith Tea, Coffee & Grocery Company by the Pennsylvania Milk Products Company, and by the Brenner & Perlhoff Company against Ramborn & Co. On motions by plaintiffs to strike out defense.

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At Raw. Actions by the Matthew Smith Tea, Coffee & Grocery Company by the Pennsylvania Milk Products Company, and by the Brenner & Perlhoff Company against Ramborn & Co. On motions by plaintiffs to strike out defense. These actions were brought to recover alleged damages for breach of- contract, in that the defendant company, having declared the steamer Chifikn Mara, afterward declared the steamer West Cheswald as a substitute steamer, and tendered the sugar from the latter steamer. The defendants set up in their answers the reasons for the substitution, and showed that the earlier declared…

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). Under the state practice the motion would be denied, because none of the articles of the answer objected to could possibly embarrass the plaintiff on a trial. The state courts are always loath to undertake the reformation o£ pleadings, by paring and pruning, for the same reasons which would have deterred a lesser hero than the son of Aicmene from undertaking his twelve labors. However the plaintiff has presented the substance of the case upon this motion, and'cannot complain if I decide it upon the merits against it.

None of the cases cited appear to me to…

2Cases cited2 opinions

  1. Harrison v. FortlageSupreme Court of the United States · 1896
  2. Steinhardt v. . BinghamNew York Court of Appeals · 1905

3Cited by5 opinions

  1. Lamborn v. National Bank of Commerce of NorfolkSupreme Court of the United States · 1928
  2. Boehmer Coal Co. v. Burton Coal Co.Court of Appeals for the Eighth Circuit · 1924
  3. National Bank of Commerce v. LambornCourt of Appeals for the Fourth Circuit · 1924
  4. Matthew Smith Tea, Coffee & Grocery Co. v. LambornCourt of Appeals for the Second Circuit · 1926
  5. Lamborn v. National Bank of Commerce of NorfolkSupreme Court of the United States · 1928

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