KRAUSS, TRADING AS AMERICAN CORD & WEBBING CO.,
v.
GREENBARG ET AL., TRADING AS KING KARD OVERALL CO.

U.S. | 1943-11-22
No. 473
320 U.S. 791 Supreme Court of the United States (1943) Negative Treatment
Cited by 10 cases

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  • …ely? To these questions the answer is generally No. In order to establish liability the plaintiff must show that the defendant’s breach was a “substantial factor” in causing the injury. Krauss v. Greenberg, 137 F. 2d 569 (3d Cir. 1943), cert. den., 320 U.S. 791, 64 S.Ct. 207, 88 L.Ed. 477 (1943); Southern National Bank v. Crateo, Inc., 458 F. 2d 688 (5th Cir. 1972); Eazor Express, Inc. v. International Brotherhood of Teamsters, 520 F. 2d 951 (3d Cir. 1975), cert. den., 424 U.S. 935, 96 S.Ct. 1149, 47 L.Ed.…
  • …on is appropriate, the test to be applied to the plaintiff’s conduct is whether the conduct taken in response to the defendant’s breach was reasonable. Id.; Krauss v. Greenbarg, 137 F. 2d 569, 573 (3d Cir.) (applying Pennsylvania law), cert. denied, 320 U.S. 791, 64 S.Ct. 207, 88 L.Ed. 477 (1943). Reasonable conduct “is to be determined from all the facts and circumstances of each case, and must be judged in the light of one viewing the situation at the time the problem was presented.” In re Kellett Aircr…
  • Finley v. Commissioner OF Internal Revenue, 255 F.2d 128 (10th Cir. 1958)
    …56 U.S. 30, 78 S.Ct. 507, 2 L.Ed.2d 562, and Hoover Motor Express Co., Inc., v. United States, 356 U.S. 38, 78 S.Ct. 511, 2 L.Ed.2d 568. Cf. Harden Mortgage Loan Co. v. Commissioner of Internal Revenue, 10 Cir., 137 F. 2d 282, 284, certiorari denied 320 U.S. 791, 64 S.Ct. 206, 88 L.Ed. 476, wherein it is said that payments made for exerting political influence are not ordinary and necessary business expenses.…

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