Legal Opinion
Sikes Co. v. Swift & Co.
District Court, W.D. New York
Decided January 19, 1949No. Civ. No. 3774PublishedCited by 3 opinions
1Opinion of the Court
KNIGHT, Chief Judge.
This action was commenced in Supreme Court: Erie County, New York, but was removed to this court. After removal, defendant, pursuant to Federal Rules of Civil Procedure, rule 33, 28 U.S.C.A., propounded interrogatories'which plaintiff answered and to which objection is now made.
The verified complaint, demanding $500,-000 damages, alleges three causes of action. The first, based on breach of express warranty, alleges that, between June 14 and December 1, 1946, plaintiff purchased from defendant two 5-gallon drums and 15 barrels or drums containing about 50 gallons each of…
2Cases cited4 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- Layer v. City of BuffaloNew York Court of Appeals · 1937
3Cited by3 opinions
- Glick v. McKesson & Robbins, Inc.District Court, W.D. Missouri · 1950
- Brown v. United States Lines Co.District Court, S.D. New York · 1953
- Sikes Co. v. Swift & Co.District Court, W.D. New York · 1949