Cummins v. Barkalow
New York Court of Appeals
Appeal from judgment of General Term of Superior Court of the city and county of New York, affirming judgment of Special Term in favor of the plaintiff.
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Appeal from judgment of General Term of Superior Court of the city and county of New York, affirming judgment of Special Term in favor of the plaintiff. The action was brought to compel defendant to pay over certain profits on a contract with the United States government, and the issue joined therein, was tried before Chief Justice Bosworth, January 22, 1863. It appeared upon the trial that one Halderman, by his efforts, obtained from the war department an order in favor of the defendant, who had made written application therefor, for twenty-six thousand Enfield rifles, on the 2d of November,…
1Opinion of the CourtMiller, J.
This action was brought by • the plaintiff as the assignee of one Halderman, to recover one-fourth of certain profits realized by the defendant upon a contract or order made by the government of the Hnited States, with him, for the delivery of Enfield rifles. It is not denied that Halderman obtained an order from the government for the purchase and delivery of rifles; but it is claimed that no rifles were ever delivered under said order, which was abrogated by the government; that rifles were delivered under another and a new and different order, in which Halderman had no interest, and with…
2Cases cited1 opinion
- Ingersoll v. . BostwickNew York Court of Appeals · 1860
3Cited by5 opinions
- Chew v. BrumagenSupreme Court of the United States · 1872
- Beck v. BaumanAppellate Division of the Supreme Court of the State of New York · 1919
- McKee v. CheneyNew York Supreme Court · 1876
- Ditmars v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- Schreyer v. Mayor of New YorkThe Superior Court of New York City · 1875