Miller v. . Schloss
New York Court of Appeals
Appeal from, a judgment, entered February 7, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a verdict, and directing judgment in favor of plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment, entered February 7, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a verdict, and directing judgment in favor of plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion. The law will never imply a promise which is contrary to or inconsistent with an express agreement of the parties, and the trial court properly submitted to the jury the question whether there was such an express agreement between the plaintiffs and…
1Opinion of the CourtCollin, J.
The action is to recover the sum of $6,830. The jury rendered a verdict in favor of the defendant. The Appellate Division, upon the appeal of the plaintiffs, reversed the judgment entered upon the verdict and ordered a judgment in their favor for the sum sought to be recovered. From the judgment ordered by the Appellate Division, the defendant appealed to this court. The appeal presents the question of law whether or not the facts presented and the reasonable inferences from them, advantageous to the appellant, constitute an issue of fact. (Faber v. City of New York, 213 N. Y. 411.)
The…
2Cases cited6 opinions
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- Faber v. . City of New YorkNew York Court of Appeals · 1915
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- Morse v. KenneySupreme Court of Vermont · 1914
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