James v. Libby, McNeil & Libby
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William James, from an order of the Appellate Term of the Supreme Court, entered in the office of the cleric of the county of New York on the 30th day of June, 1904, reversing a judgment of the City Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 23d day of February, 1904, upon the verdict of a jury, and an order of said City Court, entered in said clerk’s office on the 1st day of…
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Appeal by the plaintiff, William James, from an order of the Appellate Term of the Supreme Court, entered in the office of the cleric of the county of New York on the 30th day of June, 1904, reversing a judgment of the City Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 23d day of February, 1904, upon the verdict of a jury, and an order of said City Court, entered in said clerk’s office on the 1st day of March, 1904, which denied the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This action is to recover the damages sustained by the plaintiff by the breach of a contract by which the defendant sold to Willard, plaintiff’s assignor, certain merchandise. The defendant, a corporation organized under the laws of the State of Illinois, with an office in Chicago, was represented in the city of New York by an agent whose authority is admitted by the answer. The case was tried *258before a jury in the City Court, who found a verdict for the plaintiff, from the judgment entered upon which the defendant appealed to the Appellate Term where that judgment was reversed.
Upo…
2Cases cited2 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Butler v. BaudouineAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Nelson Co. v. SilverAppellate Division of the Supreme Court of the State of New York · 1913
- Luckes v. MeseroleAppellate Division of the Supreme Court of the State of New York · 1909