Molt v. Baumann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kate Baumann, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, entered on the 27th day of May, 1901, upon the decision of the court.
1Opinion of the Court
Goodrich, P. J.:
This action is for $200 stipulated damages in the penalty clause of a contract for the sale of real estate. The contract was signed by the husband of the defendant in his own name, but the plaintiff alleges that the contract was the contract of the defendant, executed by the husband as her agent.
I do not deem it essential to analyze the evidence upon the contention of the appellant that the judgment is against the weight of evidence, as substantial errors in the ruling of the court appear upon the record.
The plaintiff offered evidence that upon previous occasions in contracts…
2Cases cited1 opinion
- Duryea v. . VosburghNew York Court of Appeals · 1890
3Cited by2 opinions
- Chesser v. TroianoDistrict of Columbia Court of Appeals · 1948
- Abrams v. Manhattan Consumers' Brewing Co.Appellate Terms of the Supreme Court of New York · 1904