Union Mills v. . Harder
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supremo Court in the third judicial department, entered December 11, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. That construction of the contract sued upon must be given which is most favorable to the defendants.
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Appeal from a judgment of the Appellate Division of the Supremo Court in the third judicial department, entered December 11, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. That construction of the contract sued upon must be given which is most favorable to the defendants. (Marshall v. C. T. M. A. Assn., 170 N. Y. 438; Rickerson v. H. F. Ins. Co., 149 N. Y. 313; Vough v. F. B. & L. Assn., 172 N. Y. 515.) The deed, the…
1Opinion of the CourtChase, J.
On the 29th day of October, 1901, an instrument in writing was prepared which stated the parties as follows : “ Harder Knitting Company a corporation incorporated under the laws of the state of New York by and through its president William A. Harder, William A. Harder, A. Putnam Pitcher, Benoni S. Johnson, Philip M. Harder, and Homer J. Miller * * * directors and being all the stockholders of the said Harder Knitting Company and the said individuals in their personal and individual capacity ” of the first part, and “ W. Frank Holsapple * * * or any person or corporation that he may designate…
2Cases cited3 opinions
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Koehler v. . HughesNew York Court of Appeals · 1896
- Anchor Electric Co. v. HawkesMassachusetts Supreme Judicial Court · 1898
3Cited by1 opinion
- Kennell v. RiderAppellate Division of the Supreme Court of the State of New York · 1929