Legal Opinion

Morris v. Harburger

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 3 opinions

Appeal by the plaintiff, Frederick Morris, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 3d day of March, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of February, 1904, denying the plaintiff’s motion for a new trial made upon the minutes. ■

1Opinion of the Court

Hatch, J.:

This action was brought to recover damages for a breach of contract in failing to pay into a partnership established between the plaintiff "and a son-in-law of the defendant the sum of $10,000 as a part of the capital of the firm. The trial proceeded to a point *358where the court submitted the cáse to the jury. At the close of the charge the judge stated that as he was about to leave the city he would authorize the clerk of the court to receive the verdict of the jury. ■ The parties to the action interposed no objection to this proceeding. The judge directed - the jury to write out…

2Cases cited2 opinions

  1. French v. MerrillAppellate Division of the Supreme Court of the State of New York · 1898
  2. Ingersoll v. Town of LansingNew York Supreme Court · 1889

3Cited by3 opinions

  1. Dubuc v. Lazell, Dalley & Co.Appellate Division of the Supreme Court of the State of New York · 1905
  2. Dubuc v. Lazell, Dalley & Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Flanigan v. WatermanNew York Supreme Court · 1922

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