Legal Opinion

Beck v. Bauman

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1919PublishedCited by 4 opinions

Appeal by the plaintiff, Albert Beck, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 9th day of January, 1919, reversing a judgment of the City Court of the City of New York, entered in the office of clerk of said court on the 25th day of April, 1918, and also reversing an order of said City Court denying defendant’s motion for a new trial made upon the minutes.

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Appeal by the plaintiff, Albert Beck, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 9th day of January, 1919, reversing a judgment of the City Court of the City of New York, entered in the office of clerk of said court on the 25th day of April, 1918, and also reversing an order of said City Court denying defendant’s motion for a new trial made upon the minutes. The order and determination appealed from dismissed the complaint, with costs.

1Opinion of the Court

Merrell, J.:

This action was brought in the City Court of the City of New York to recover commissions claimed by plaintiff to be due him from defendant on two contracts awarded defendant by the United States government, one of which was for the manufacture of 60,000 army overcoats and the other for 100,000 pairs of wool breeches.

The plaintiff is a cousin by marriage of the defendant, and bases his claimed right of recovery upon a written contract entered into between the parties on June 27, 1917, which provided as follows:

“ Abe. Bauman
“ Clothing, for Young Men, Boys & Little Fellows
“ 110-112…

2Cases cited10 opinions

  1. Tool Co. v. NorrisSupreme Court of the United States · 1865
  2. Hazelton v. SheckellsSupreme Court of the United States · 1906
  3. Lyon v. . MitchellNew York Court of Appeals · 1867
  4. Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1904
  5. Chard v. Ryan-Parker Construction Co.Appellate Division of the Supreme Court of the State of New York · 1918

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ambatielos v. Foundation Co.New York Supreme Court · 1952
  2. Bradford v. Durkee Marine Products Corp.New York Supreme Court · 1943
  3. McCraith v. BussAppellate Division of the Supreme Court of the State of New York · 1921
  4. Schwartzman v. Pines Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1919

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