New York Central & Hudson River Railroad v. General Electric Co.
New York Court of Appeals
Appeal from a judgment entered December 15, 1915, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and directing judgment in favor of defendant upon its , counterclaim. 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 December 15, 1915, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and directing judgment in favor of defendant upon its , counterclaim. The nature of the action and the facts, so far as material, are stated in the opinion. The. contract on which the counterclaim of the defendant is based is an illegal one, and, therefore, has in it no enforceable quality. That is so because the service…
1Opinion of the CourtCardozo, J.
The complaint is for freight charges of $618.53. The answer is a counterclaim for $114,880.73. The counterclaim, dismissed at the Trial Term, was sustained by the Appellate Division. Interest charges brought the judgment in favor of the defendant to $168,701.12. The facts are not in controversy. The defendant switched cars within its plant under an agreement that the service would be compensated by an allowance from the published rates. The validity of that agreement is the question to be determined.
In 1887 the defendant, General Electric Company, acquired a plant in the city of Schenectady.…
2Cases cited12 opinions
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