Lown v. Spoon
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the Dutchess county clerk’s office on the 28th day of March, 1913. Order affirmed, with ten dollars costs and disbursements, upon the opinion of Mr. Justice Morschauser at Special Term.
1Opinion of the Court
Jenks, P. J., Carr, Rich, Stapleton and Putnam, JJ., concurred.
The following is the opinion delivered at Special Term:
Morschauser, J.:
The preliminary objections raised by the defendant must be overruled. (Code Civ. Proc. § 416; Daly v. Amberg, 126 N. Y. 490.) The plaintiff claims that the defendant Spoon made a contract with him and that the plaintiff duly performed such contract upon his part and that the defendant Spoon only partially performed and later violated the contract upon his part. Plaintiff alleges that defendant was of full age and defendant Spoon, while not denying the fact of…
2Cases cited3 opinions
- Rice v. . ButlerNew York Court of Appeals · 1899
- Daly v. . AmbergNew York Court of Appeals · 1891
- Mutual Milk & Cream Co. v. PriggeAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by6 opinions
- Petit v. ListonOregon Supreme Court · 1920
- Falk v. MacMastersAppellate Division of the Supreme Court of the State of New York · 1921
- Sparandera v. Staten Island Garage, Inc.City of New York Municipal Court · 1921
- 9302 Boardwalk Corp. v. LittmanCity of New York Municipal Court · 1937
- Nigro v. Celestial Music Corp.Appellate Division of the Supreme Court of the State of New York · 1970
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