Goldmark v. Magnolia Metal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adolph Goldmark, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of April, 1899, 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.
1Opinion of the Court
Rumsey, J. :
The action was brought against the Magnolia Metal Company and the Magnolia Anti-Friction Metal Company. The Magnolia Metal Company alone answered, and the case came on for trial upon the issues raised by the answer of that company. The allegations of the complaint were substantially that the Anti-Friction Metal Company had been organized as a domestic corporation before the year 1890, and that while so in existence and doing business it had made a contract with the plaintiff relative to the sale of magnolia metal in Austria and Italy, whereby the plaintiff was entitled to receive…
2Cases cited3 opinions
- Goldmark v. Magnolia Metal Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Metropolitan National Bank v. ClaggettSupreme Court of the United States · 1891
- Goldmark v. Magnolia Anti-Friction Metal Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Appel v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1914
- Goldmark v. Magnolia Anti-Friction Metal Co.Appellate Division of the Supreme Court of the State of New York · 1902