Dunham v. Hastings Pavement Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Edward E. Dunham, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term.
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Motion by the plaintiff, Edward E. Dunham, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term. The action is based upon a contract in writing, by the terms of which the plaintiff was constituted the sole agent of the defendant in the city of New York for certain purposes, and upon conditions therein expressed. The action was tried before the court and a jury, and resulted in a dismissal of the…
1Opinion of the Court
Hatch, J.:
The answer which was served in this case did not plead, as a defense, that the contract was illegal or that the service to be performed thereunder was expected to be in violation of any law or repugnant to any principle of public policy. It is insisted that the failure to plead that the contract was illegal and void as being in contravention of good morals or a sound public policy, precluded, the defendant from raising such question, and, therefore, did not furnish basis for the court so to rule. It is undoubtedly the rule that a contract is not necessarily void because the…
2Cases cited11 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Crane v. . PowellNew York Court of Appeals · 1893
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
- Mills v. . MillsNew York Court of Appeals · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Drake v. LauerAppellate Division of the Supreme Court of the State of New York · 1904
- Gusikoff v. Republic Storage Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Chard v. Ryan-Parker Construction Co.Appellate Division of the Supreme Court of the State of New York · 1918
14 more not listed; retrieve them via the Exa API.