Legal Opinion

Nagle v. . McFeeters

New York Court of Appeals

Decided October 31, 1884PublishedCited by 6 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It was error to refuse to allow the defendants to give evidence of their counter-claim for the plaintiff’s breach of the contract. (Code, § 501; Brown v. Buckingham, 11 Abb.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It was error to refuse to allow the defendants to give evidence of their counter-claim for the plaintiff’s breach of the contract. (Code, § 501; Brown v. Buckingham, 11 Abb. Pr. 387; Currie v. Cowles, 6 Bosw. 452.) The defendants’ alleged counter-claim was properly disallowed. The cause of action was for the…

1Opinion of the CourtEarl, J.

On the 1st day of March, 1876, the plaintiff was engaged in business in Philadelphia, under the firm-name of Eagle & Co., as a blank book manufacturer, and the defendants, under the firm-name of McFeeters & Co., were engaged in business in the city of Eew York as blank book jobbers. On that day the parties entered into a written contract whereby it was, among other things, agreed that the defendants were to act as agents of the plaintiff in the city of New York, to sell for him blank books for the period of three year’s from that date, for a stipulated salary to be paid to them by him; that…

2Cases cited1 opinion

  1. The Bank of Rochester v. . JonesNew York Court of Appeals · 1851

3Cited by6 opinions

  1. Plattner Implement Co. v. International Harvester Co.Court of Appeals for the Eighth Circuit · 1904
  2. Eames v. H. B. Claflin Co.Court of Appeals for the Second Circuit · 1917
  3. Irving Trust Co. v. B. Lindner & Bro., Inc.New York Court of Appeals · 1934
  4. Nisbet v. Siegel-Campion Live Stock Co.Colorado Court of Appeals · 1912
  5. State ex rel. Parker v. ThompsonSupreme Court of Missouri · 1894

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