Legal Opinion
Irving Trust Co. v. Park & Tilford Import Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1937PublishedCited by 6 opinions
1Opinion of the CourtUntermyer, J.
The judgment should be reversed and a new trial ordered on account of the dismissal by the court at the close of the case of the defendant’s fourth defense and second counterclaim. The defendant’s contentions in this respect are sustained by the testimony of its witnesses Miles and Burke and in part also by Distler, Oberle, Jones and Linthicum. From that testimony conflicting inferences might be drawn. From it the jury would have been justified in finding that the defendant was prevented from performing its contract with Hill, alleged assignor of Hunter Baltimore Rye, Inc., by conduct…
2Cases cited4 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- Murray v. . New York Life Insurance Co.New York Court of Appeals · 1881
- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Contemporary Mission, Inc., Plaintiff-Appellee-Cross-Appellant v. Famous Music Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1977
- Vanadium Corp. v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Second Circuit · 1947
- Safeguard Insurance v. BaldaufNew York Supreme Court · 1959
- Contemporary Mission, Inc., Plaintiff-Appellee-Cross-Appellant v. Famous Music Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1977
- Peet v. LockeNew York Supreme Court · 1961
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