Legal Opinion
Smith v. St. Paul Fire & Marine Ins.
District Court, E.D. New York
Decided April 28, 1938No. L-7579PublishedCited by 2 opinions
1Opinion of the Court
GALSTON, District Judge.
In this action at law the plaintiff moves to strike out affirmative equitable defenses and equitable counterclaims.
From the pleadings it appears that Lewis C. Smith, the decedent, had been an agent of the defendant from December 5, 1931 to July 31, 1937, the date of his death. It is alleged that during the last illness of the decedent the defendant enlarged its agency contract with Smith by making Josephine N. Smith, the plaintiff herein, a party thereto with all the powers to operate the agency that had been vested in Lewis C. Smith, and that it continued said…
2Cases cited9 opinions
- Liberty Oil Co. v. Condon National BankSupreme Court of the United States · 1922
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- United States v. CarterSupreme Court of the United States · 1910
- Uproar Co. v. National Broadcasting Co.Court of Appeals for the First Circuit · 1936
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tague v. Delaware, L. & W. R.District Court, E.D. New York · 1946
- Smith v. St. Paul Fire & Marine Ins.District Court, E.D. New York · 1942