Legal Opinion

Fleet-Wing Corp. v. Pease Oil Co.

New York Supreme Court

Decided March 24, 1961PublishedCited by 3 opinions

1Opinion of the CourtMatthew J. Jasen, J.

This is a motion by plaintiff under rule 109 of the Rules of Civil Practice to strike out certain affirmative defenses contained in the answer of defendants on the ground that it appears on the face of each of the defenses that they are insufficient in law.

From the pleadings it appears that plaintiff and defendant Pease Oil Company entered into certain contractual arrangements whereby the plaintiff sold and delivered to defendant Pease certain gasoline and petroleum products between November 20,1956 and August 29,1960, and there remains unpaid the *438sum of $164,464.82. The pleadings do not…

2Cases cited8 opinions

  1. Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
  2. Carmine v. MurphyNew York Court of Appeals · 1941
  3. National Nut Co. of California v. Kelling Nut Co.District Court, N.D. Illinois · 1945
  4. Burns v. LopezNew York Court of Appeals · 1931
  5. Flynn v. New York World-Telegram Corp.New York Supreme Court · 1934

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. X.L.O. Concrete Corp. v. Rivergate Corp.New York Court of Appeals · 1994
  2. Hasbro Bradley, Inc. v. Coopers & LybrandAppellate Division of the Supreme Court of the State of New York · 1987
  3. Dachowitz v. BergmanNew York Supreme Court · 1982

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