Montague Mailing Machinery Co. v. All-Package Grocery Stores Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Montague Mailing Machinery Company, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of New York on the 9th day of March, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case as said judgment was amended by an order entered in said clerk’s office on the 9th day of April, 1917. An appeal is also taken from the order entered in said clerk’s…
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Appeal by the plaintiff, Montague Mailing Machinery Company, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of New York on the 9th day of March, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case as said judgment was amended by an order entered in said clerk’s office on the 9th day of April, 1917. An appeal is also taken from the order entered in said clerk’s office on the 18th day of December, 1916, denying plaintiff’s motion to set aside the direction dismissing the complaint…
1Opinion of the Court
Shearn, J.:
This is an appeal from a judgment in favor of the defendant entered upon a dismissal of the complaint. The action is one to recover for materials and work, consisting of filing cabinets, trays, embossed plates, addressing wrappers, and filing incidental to the' addressing and mailing of a magazine called All Package Weekly which was devoted to the exploitation of defendant’s business. The materials were furnished and the work was done under a contract between plaintiff and defendant’s alleged agent, the McAtamney Company. It is undisputed that this material and work was furnished…
2Cases cited5 opinions
- Tuthill v. . WilsonNew York Court of Appeals · 1882
- Knapp v. . SimonNew York Court of Appeals · 1884
- Tew v. . WolfsohnNew York Court of Appeals · 1903
- Tew v. WolfsohnAppellate Division of the Supreme Court of the State of New York · 1902
- All-Package Grocery Stores Co. v. McAtamneyAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by3 opinions
- Industrial Manufacturers, Inc. v. Bangor Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
- The JungshovedDistrict Court, S.D. New York · 1921
- American Fund for Public Service, Inc. v. Associated Textiles, Inc.Supreme Court of Minnesota · 1932