Legal Opinion

Government of French Republic v. Cabot

New York Supreme Court

Decided November 12, 1947PublishedCited by 7 opinions

1Opinion of the CourtWalter, J.

Plaintiff sues for an accounting as to and a recovery of money it paid as the purchase price of motor trucks *518and equipment. Defendant Cabot counterclaims for damages allegedly resulting from plaintiff’s refusal to take and pay for all the trucks it allegedly agreed to buy. Plaintiff pleads as a defense to such counterclaim that the prices quoted to plaintiff for the trucks were in excess of those permitted by law to be charged for the trucks. Defendants move to strike out that defense as insufficient.

The defense leaves much to be desired in the way of good pleading, but defendants treat it as…

2Cases cited22 opinions

  1. Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
  2. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  3. John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
  4. New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
  5. Willcox v. EdwardsCalifornia Supreme Court · 1912

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3Cited by7 opinions

  1. Interinsurance Exchange of the Automobile Club v. Ohio Casualty InsuranceCalifornia Supreme Court · 1962
  2. Rutkin v. ReinfeldCourt of Appeals for the Second Circuit · 1956
  3. Rutkin v. ReinfeldCourt of Appeals for the Second Circuit · 1956
  4. Holmes v. Nationwide Mutual InsuranceNew York Supreme Court · 1963
  5. Rutkin v. ReinfeldDistrict Court, S.D. New York · 1954

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

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