Desmond-Dunne Co. v. . Friedman-Doscher Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4,1897, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. A new trial should have been granted because of the court’s unwarranted characterization of the defense as “sham.” (Richardson v. Van Nostrand, 5 N. Y. S. R. 419; Butts v. Lorville, 15 Wkly.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4,1897, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. A new trial should have been granted because of the court’s unwarranted characterization of the defense as “sham.” (Richardson v. Van Nostrand, 5 N. Y. S. R. 419; Butts v. Lorville, 15 Wkly. Dig. 144; Hart v. Ryan, 25 N. Y. S. R. 886 ; Phillips v. N. Y. C. & H. R. R. R. Co., 127 N. Y. 658 ; Chapman v. Erie, Ry. Co., 55…
1Opinion of the CourtBartlett, J.
This action is brought to recover on three promissory notes for $333.33 each.
A separate suit was brought on each note. One note was due May 1st, the next June 1st, and the last July 1st, 1896.
The defendant is a dealer in soap and the plaintiff is engaged in the business of displaying signs on the Brooklyn Elevated railway system, its cars, platforms and entrances.
These three suits tvere consolidated and tried as one. ■
The notes were given in payment on the contract for certain advertising to be done in a particular manner and a't stated places.
The defendant alleged that the plaintiff had not…
2Cases cited8 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Glacius v. . BlackNew York Court of Appeals · 1872
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Woodward v. . FullerNew York Court of Appeals · 1880
- Phillip v. . GallantNew York Court of Appeals · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Antonoff v. BassoMichigan Supreme Court · 1956
- Fossume v. . RequaNew York Court of Appeals · 1916
- City of Elizabeth v. FitzgeraldCourt of Appeals for the Third Circuit · 1902
- Baker v. FenleyMissouri Court of Appeals · 1939
4 more not listed; retrieve them via the Exa API.