Goepel v. . Kurtz Action Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1913, dismissing.an appeal from a judgment entered upon a dismissal of the complaint as to part of the relief demanded in the complaint, and upon a verdict in favor of plaintiff upon the issues submitted to the jury. The nature of thé action and the facts, so far as;material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1913, dismissing.an appeal from a judgment entered upon a dismissal of the complaint as to part of the relief demanded in the complaint, and upon a verdict in favor of plaintiff upon the issues submitted to the jury. The nature of thé action and the facts, so far as;material, are stated in the opinion. The plaintiff did not waive her right to appeal from the judgment herein by receiving and accepting payment of the amount awarded by the judgment to which she was entitled…
1Opinion of the CourtPound, J.
The amended complaint states as a first cause of action that $1,043.05 and interest are due and owing for goods sold and delivered and unpaid for under an agreement between the parties, and also that'by breach of such agreement plaintiff has lost and will lose profits amounting to $2,276.69; and as a second cause of action a balance due on other goods sold amounting to $1,344.46, and interest. On the trial the complaint was dismissed as to the loss of profits claimed in the first cause of action, and the jury found, for the plaintiff- in the sum of $2,790.33. Judgment was entered accordingly…
2Cases cited3 opinions
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
- Knapp v. . BrownNew York Court of Appeals · 1871
- Alexander v. . AlexanderNew York Court of Appeals · 1887
3Cited by16 opinions
- Reed v. ReedArizona Supreme Court · 1957
- Spencer v. Babylon R.Court of Appeals for the Second Circuit · 1918
- Carmichael v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Vaughan v. WilsonOregon Supreme Court · 1955
- Harris v. PearsallNew York Supreme Court · 1921
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