Crawford v. Mail & Express Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mail and Express Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Mail and Express Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for the breach by the defendant of a contract, by which the plaintiff agreed to render literary services to the defendant for a period of two…
1Opinion of the Court
O’Brien, J.:
The general principles of law underlying the case are settled by the former decision on appeal in this action. (9 App. Div. 481.) The evidence adduced upon the present trial is not so materially different as to change the view expressed upon the former appeal that upon the facts presented there was sufficient to go to the jury upon the question whether the dismissal of the plaintiff was the result of an actual or a merely feigned dissatisfaction on the part of the defendant. The main question having been resolved by the jury in the plaintiff’s favor, there is left for…
2Cases cited4 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- White v. . MillerNew York Court of Appeals · 1879
- Sloan v. BairdAppellate Division of the Supreme Court of the State of New York · 1896
- Crawford v. Mail & Express Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Mathesius v. Brooklyn Heights R.U.S. Circuit Court for the District of Eastern New York · 1899
- Seymour v. OelrichsCalifornia Supreme Court · 1912
- Williams v. ConnersAppellate Division of the Supreme Court of the State of New York · 1900
- Ruland v. Waukesha Water Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Sommer v. ConhaimAppellate Terms of the Supreme Court of New York · 1898
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