Potter Printing Press Co. v. Schreiner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Potter Printing Press Company, from a judgment of the Supreme Court in favor of the defendant Joseph J. Schreiner, entered in the office of the clerk of the county of Kings on the 1st day of May, 1899, upon a dismissal of the complaint by direction of the court after a trial before the court and a jury at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 31st day of May, 1899, denying the plaintiff’s motion…
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Appeal by the plaintiff, The Potter Printing Press Company, from a judgment of the Supreme Court in favor of the defendant Joseph J. Schreiner, entered in the office of the clerk of the county of Kings on the 1st day of May, 1899, upon a dismissal of the complaint by direction of the court after a trial before the court and a jury at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 31st day of May, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
In this action the plaintiff corporation seeks to charge Joseph J. Schreiner, as a partner of the other defendants Herman C. Boedicker, Robert Rummel and Gustave Gutgemann, with liability for their refusal to carry out a contract for the purchase of a lithographic press. The other defendants did not interpose any defense, and two of them testified in behalf of the plaintiff upon the trial.
In their transactions with the plaintiff corporation the defendants (whether the defendant Schreiner was a participant or not) acted under the name of the Decorative Designer Company.…
2Cases cited2 opinions
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Adams v. Roscoe Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1896