Liberty Wall Paper Co. v. Stoner Wall Paper Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Liberty Wall Paper Company, from •so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 3d day of May, 1900, upon the verdict of a jury, as directs the payment of costs by the plaintiff, and also from an order entered in ¡said clerk’s office on the 12th day of June, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, the Liberty Wall Paper Company, from •so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 3d day of May, 1900, upon the verdict of a jury, as directs the payment of costs by the plaintiff, and also from an order entered in ¡said clerk’s office on the 12th day of June, 1900, denying the plaintiff’s motion for a new trial made upon the minutes. Also appeal by the defendant, the Stoner Wall Paper Manufacturing Company, from so much of said judgment as directs that said -defendant be…
1Opinion of the Court
Chase, J.:
nder the contract between-the plaintiff and Thomas I. Stoner of- April 28, 1899, there was no obligation resting upon Stoner other than to purchase at least $25,000 net in paper hangings, as provided by the contract, and to pay therefor as provided therein. The contract is not a personal one in the Sense that Stoner was bound to perform in perso.n. Stoner had a right to assign the contract, or in case of his death his executors or administrators would have succeeded to his rights and liabilities under the contract. The obligations of Stoner under the contract could have been…
2Cases cited5 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Phœnix Bank v. RisleySupreme Court of the United States · 1884
- Epstein v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1899
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- Minnetonka Oil Co. v. Cleveland Vitrified Brick Co.Supreme Court of Oklahoma · 1910
- Smith v. WagnerNew York Supreme Court · 1919
- Canister Co. v. National Can CorporationDistrict Court, D. Delaware · 1947
- S & L Paving Corp. v. MacMurray Tractor, Inc.New York Supreme Court · 1969
- Gargiulo v. California Wineries & DistilleriesNew York Supreme Court · 1918
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