Stern v. McKee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph J. McKee and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on tile 1st day of May, 1901, upon the verdict of a jury; also an appeal by the defendant Joseph J. McKee from an order entered in said clerk’s office on the 1st day of May, 1901, and by the defendant Ernest G. Hoffmann from. an order entered in said clerk’s office on the 30th day of April, 1901,…
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Appeal by the defendants, Joseph J. McKee and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on tile 1st day of May, 1901, upon the verdict of a jury; also an appeal by the defendant Joseph J. McKee from an order entered in said clerk’s office on the 1st day of May, 1901, and by the defendant Ernest G. Hoffmann from. an order entered in said clerk’s office on the 30th day of April, 1901, denying the respective defendants’ motions for a new trial made upon the minutes. This action was brought to recover…
1Opinion of the Court
McLaughlin, J.:
Plaintiff having pleaded full performance of the contract could not recover without establishing that fact. This he did not do, and, therefore, the motion of the defendants at the close of the trial to dismiss the complaint on that ground should have been granted. The allegation of the complaint in this respect is “ that prior to the said 22d day of September, 1896, said Shainwald performed all the conditions and requirements of said agreement as so modified on his part; that said Shainwald caused a corporation to be formed under the laws of the State of West Virginia; that…
2Cases cited3 opinions
- Bigler v. . MorganNew York Court of Appeals · 1879
- La Chicotte v. Richmond Railway & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Dorris v. . SweeneyNew York Court of Appeals · 1875
3Cited by12 opinions
- Cohen v. KranzNew York Court of Appeals · 1963
- Booth v. MillikenAppellate Division of the Supreme Court of the State of New York · 1908
- McHale v. Goshen Ditch Co.Wyoming Supreme Court · 1935
- McCallum v. Corn Products Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Jankowitz v. Manhattan Swiss Embroidery Co.Appellate Division of the Supreme Court of the State of New York · 1921
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