International Post Card Co. v. Lithograph & Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, The Lithograph and Manufacturing Company of the United States, from an order of the' Supreme Court, made at the' New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of March, 1911, staying an action in the Municipal Court of the city of New York until the final determination of this action.
1Opinion of the Court
McLaughlin, J.:
The plaintiff and defendant entered into a contract by which the defendant agreed to manufacture for the plaintiff at an agreed price certain post cards. The" contract as originally made or thereafter modified was not fully performed by reason of a disagreement between the parties, and each,, according to .the moving papers, now claims to be entitled to recover damages against the other for its failure to perform. The defend*73ant also claims to be entitled to recover from the plaintiff §163.44 for cards delivered, and it brought an action in the Municipal Court of the city of New…
2Cases cited2 opinions
- Raymore Realty Co. v. Pfotenhauer-Nesbit Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Martin v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by3 opinions
- Ackert v. AusmanNew York Supreme Court · 1961
- United States Fidelity & Guaranty Co. v. McGuire & Co.New York Supreme Court · 1937
- Luks v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1925