Mackintosh v. Kimball
Appellate Division of the Supreme Court of the State of New York
Appeal by the, defendants, Francis H..Kimball and another, 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 19th. day of April, 1904, upon the verdict of a jury, and/ also from ah order entered in said clerk’s office on the 18th day of May, 1904, denying the defendants’ motion for a new trial made" upon the minutes.
1Opinion of the Court
Ingraham, J.:
This is the second action brought to enforce the plaintiff’s claim. Upon the first action the complaint was dismissed, which upon an appeal to this court was affirmed. (58 App. Div. 25.) The plaintiff having testified as to the conversation with one of the defendants upon which he based his claim that a contract was made for compensation in addition to that which he had before received, this court said: “ The most that can be predicated upon such a conversation is that Mr. Kimball was- favorably disposed to the consideration of the question of increased salary. But that no…
2Cases cited3 opinions
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Nichols v. . WhiteNew York Court of Appeals · 1881
- Mackintosh v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by10 opinions
- Varney v. . DitmarsNew York Court of Appeals · 1916
- Petersen v. Pilgrim VillageWisconsin Supreme Court · 1950
- Rosbach v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Donovan v. Bull Mountain Trading Co.Montana Supreme Court · 1921
- Habgood v. Van Dyke Taxi & Transfer, Inc.New York Supreme Court · 1927
5 more not listed; retrieve them via the Exa API.