Kelley v. Champlain Studios, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMerrell, J.
The action is brought to recover one-third of the gross receipts which plaintiff claims are his due in a joint venture entered into between the plaintiff and the defendant. The judgment appealed from was upon the verdict of a jury upon a second trial of the issues. The plaintiff obtained a verdict at the first trial and the judgment entered thereon was unanimously reversed by this court on appeal, upon the ground that the verdict of the jury was against the weight of the evidence. (220 App. Div. 156.)
The plaintiff testified that for twenty or more years prior to the making of the alleged…
2Cases cited8 opinions
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Tyler v. WindelsAppellate Division of the Supreme Court of the State of New York · 1919
- Tyler v. . WindelsNew York Court of Appeals · 1919
- Williamsburg City Fire Insurance v. LichtensteinNew York Supreme Court · 1916
- Pinner v. LederAppellate Terms of the Supreme Court of New York · 1921
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3Cited by7 opinions
- Cohen v. Bartgis Bros.Appellate Division of the Supreme Court of the State of New York · 1942
- Ordon v. JohnsonMichigan Supreme Court · 1956
- Boxill v. BoxillNew York Supreme Court · 1952
- Montgomery v. Futuristic Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Farmer v. Arabian American Oil Co.District Court, S.D. New York · 1959
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