Bernhan Chemical and Metal Corp. v. . Ship-A-Hoy, Ltd.
This text of 138 N.E. 447 (Bernhan Chemical and Metal Corp. v. . Ship-A-Hoy, Ltd.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order reversed in so far as it affirms Special Term order' sustaining demurrer to counterclaim designated No. 7, and in so far as it reverses Special Term order and sustains demurrer to defense designated No. 3 in second amended answer, and otherwise affirmed, without costs to either party, and with leave to plaintiff to plead over within twenty days where demurrer is overruled. Questions all answered in the affirmative except the sixth, which is not answered; no opinion.
Concur: Hogan, Pound, Crane and Andrews, JJ. His cock, Ch. J., and McLaughlin, J., concur except as to defense designated No. 3, as to which they dissent; Cardozo, J., concurs except as to counterclaim designated No. 7, as to which he dissents.
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Cite This Page — Counsel Stack
138 N.E. 447, 234 N.Y. 563, 1922 N.Y. LEXIS 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernhan-chemical-and-metal-corp-v-ship-a-hoy-ltd-ny-1922.