Greeff Engineering & Manufacturing Co. v. Scourene Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Scourene Manufacturing 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 27th day of June, 1917, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The verdict was directed on plaintiff’s motion without defendant having by like motion submitted the facts to the court; and, therefore, unless the evidence with respect to every question of fact upon which plaintiff’s right to recover depended was uncontroverted the recovery cannot be sustained.
This is an action on contract to recover the sum of $2,500 which defendant agreed to pay plaintiff for installing on its premises an apparatus with a guaranteed capacity for drying scourene, a soap manufactured by defendant in cakes weighing about eleven and one-half ounces which it…
2Cases cited4 opinions
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Brown v. . FosterNew York Court of Appeals · 1888
- Silberstein v. BlumAppellate Division of the Supreme Court of the State of New York · 1915
- Wegner Machine Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Gelb v. Third Avenue Railway Co.New York Supreme Court · 1924
- Matthes v. BennAppellate Terms of the Supreme Court of New York · 1919
- Liquid Carbonic Corp. v. CaroombasNew York Supreme Court · 1928