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ARISTA OIL PRODS. CORP. v. DUTCH AM. MERCANTILE CORP.

1 A.D.2d 877 (1956)

Arista Oil Products Corp., Appellant, v. Dutch American Mercantile Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 20, 1956

We do not pass upon those defenses inasmuch as plaintiff's own pleading, if insufficient, as it appears to be, would require a dismissal of its complaint (Cavanagh v. Hutcheson, 140 Misc. 178, affd. 236 App. Div. 794; Baxter v. McDonnell, 154 N.Y. 432). The complaint does not allege that defendant failed to deliver the kroner. The conclusory allegation that it failed to deliver "in accordance with its agreement" may be taken to mean that the kroner were in fact...

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