Legal Opinion

Fox v. . Smith

New York Court of Appeals

Decided December 17, 1909PublishedCited by 10 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1908, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of the defendant entered upon a dismissal of the complaint in an action to recover for an alleged breach of contract.

1Opinion of the Court

Judgmént reversed, new trial granted, costs to abide event, on dissenting opinion of Clarke, J., below.

Concur: Cullen, Oil. J., Gray, Willard Bartlett and Hiscook, JJ. Dissenting: Edward T. Bartlett, Haight and Chase, JJ.

2Cited by10 opinions

  1. Berardi v. RutterNew Jersey Superior Court Appellate Division · 1956
  2. Norwood v. WardDistrict Court, S.D. New York · 1930
  3. People v. FirthAppellate Division of the Supreme Court of the State of New York · 1913
  4. Kennard v. RosenbergCalifornia Court of Appeal · 1954
  5. Shorten v. MilbankNew York Supreme Court · 1939

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