Legal Opinion

Goldmark v. Magnolia Anti-Friction Metal Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 3 opinions

Appeal by the defendant, the Magnolia Metal Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of 'New York on the 20th day of April, 1898, upon the decision of the court rendered after a trial at the New York Special Term overruling its demurrer to the complaint.

1Opinion of the Court

Ingraham, J.:

The complaint in this action alleges a contract between the plaintiff and the Magnolia Anti-Friction Metal Company, whereby such corporation agreed to pay to the plaintiff certain commissions upon the sale of metal manufactured by the said corporation; that com*581missions to the amount of $9,513.37 had been earned under the agreement, and that the said agreement was made in the city of New York on or about September 26, 1890. The complaint then alleges that in or about May, 1893, this corporation, which had made this contract with the plaintiff, caused to be organized this…

2Cases cited2 opinions

  1. Metropolitan Nat. Bank v. ClaggettSupreme Court of the United States · 1891
  2. Adams v. StevensNew York Court of Common Pleas · 1894

3Cited by3 opinions

  1. Myers v. LedererAppellate Division of the Supreme Court of the State of New York · 1907
  2. Goldmark v. Magnolia Metal Co.Appellate Division of the Supreme Court of the State of New York · 1899
  3. Goldmark v. Magnolia Anti-Friction Metal Co.Appellate Division of the Supreme Court of the State of New York · 1902

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