Legal Opinion

Firestone Tire & Rubber Co. v. Brent

District Court, E.D. New York

Decided November 15, 1932No. 5267Published

1Opinion of the Court

MOSCOWITZ, District Judge.

The defendant makes a motion to dismiss the second cause of action in the complaint on the ground that the court has no jurisdiction of the subject-matter of the action.

This is an action at law to recover an alleged balance of $18,377.80, with interest, for merchandise alleged to have been sold and delivered to the defendant.

There are two causes of action: The first cause of action is for an unpaid balance of $17,867.37 out of total purchases oft $28,~ 513.34 between July 31, 1981 and May 18, 1932; and the second cause of action is for the balance of $510.43…

2Cases cited6 opinions

  1. Yates v. Whyel Coke Co.Court of Appeals for the Sixth Circuit · 1915
  2. Goff's Adm'r v. Norfolk & W. R.U.S. Circuit Court for the District of Western Virginia · 1888
  3. Heffner v. Gwynne-Treadwell Cotton Co.Court of Appeals for the Eighth Circuit · 1908
  4. Spokane Valley Land & Water Co. v. Kootenai CountyDistrict Court, D. Idaho · 1912
  5. Commercial Nat. Bank of Los Angeles v. CatronCourt of Appeals for the Tenth Circuit · 1931

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