R & L. Co. v. Metz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herman A. Metz, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of June, 1914, sustaining plaintiff’s demurrer to certain separate defenses contained in the amended answer.
1Opinion of the Court
Laughlin, J.:
The complaint sets forth two causes of action, and the defendant pleads two separate defenses to each of them all based on the Statute of Frauds.
We concur in the views well expressed in the opinion of the learned justice at Special Term; but we deem it advisable to state the case more fully and to cite some authorities not cited in the opinion or by counsel which we deem more in point than those cited.
The plaintiff alleges that on the 10th of February, 1909, the New York Mail Company entered into an agreement with the United States whereby it undertook to transfer the mails in…
2Cases cited7 opinions
- Raabe v. . SquierNew York Court of Appeals · 1895
- First National Bank of Sing Sing v. ChalmersNew York Court of Appeals · 1895
- Brookline National Bank v. MoersAppellate Division of the Supreme Court of the State of New York · 1897
- A. Schwoerer & Sons, Inc. v. StoneAppellate Division of the Supreme Court of the State of New York · 1909
- Mechanics & Traders' Bank v. StettheimerAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Richardson Press v. . AlbrightNew York Court of Appeals · 1918
- Kossick v. United Fruit Co.District Court, S.D. New York · 1958
- New Amsterdam Casualty Co. v. Mobinco Brokerage Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Williamsburg City Fire Insurance v. LichtensteinNew York Supreme Court · 1916
- R. & L. Co. v. MetzAppellate Division of the Supreme Court of the State of New York · 1916
1 more not listed; retrieve them via the Exa API.