New England Iron Co. v. Gilbert (Metropolitan) Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 9, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing the plaintiff’s complaint on trial. This action was brought to recover damages for an alleged breach of contract. The material facts are set forth in the opinion.
1Opinion of the Court
- Danforth, J.
Notwithstanding the arguments addressed to us, both orally and in writing, by counsel for the defendant, we find it impossible to say there was not a question for the jury, which, if answered by them in favor of the plaintiff, would have required an 'assessment of damages for the breach of contract set forth in the complaint. Moreover, since the oral argument, the discussion*has been so continued by the contending parties through printed briefs, that we are at once brought to a consideration of that question as presenting the vital point in the case. .
The facts are simple. Upon…
2Cases cited8 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Kincaid v. . DwinelleNew York Court of Appeals · 1875
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
- Sebastian Bradt v. . Ephraim BenedictNew York Court of Appeals · 1858
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3Cited by47 opinions
- Wien & Malkin LLP v. Helmsley-Spear, Inc.New York Court of Appeals · 2006
- Ray v. EuriceCourt of Appeals of Maryland · 1952
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
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