Bommer v. American Spiral Spring Butt Hinge Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the Q-eneral Term of the Superior Court of the city of Hew Ycik, affirming a judgment in favor of the plaintiff, entered on an interlocutory judgment of Special Term, and the report of a referee upon an accounting had in pursuance of said judgment. This action was brought upon an alleged contract, which is set forth substantially in the opinion; plaintiff asked for an accounting and for judgment for the amount found due thereon.
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Appeal from judgment of the Q-eneral Term of the Superior Court of the city of Hew Ycik, affirming a judgment in favor of the plaintiff, entered on an interlocutory judgment of Special Term, and the report of a referee upon an accounting had in pursuance of said judgment. This action was brought upon an alleged contract, which is set forth substantially in the opinion; plaintiff asked for an accounting and for judgment for the amount found due thereon. The facts appear sufficiently in the opinion. The contract in suit was void under the statute of frauds. (2 R. S. *135; 12 U. S. Stat. at…
1Opinion of the CourtRapallo, J.
There is no exception in the case raising any question under"the statute of frauds. The statute is not pleaded, nor was there any objection to the proof of the agreement sued upon, by oral testimony, nor is there any exception to any finding or conclusion which presents any question under the statute. Ho such question can, therefore, be considered on this appeal.
The statute of limitations was set up as a defense in the answer, but no point appears to have been made in respect to it on the trial, and no exception was taken raising any question under that statute. Had any such point been taken,…
2Cited by27 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
- Weatherford, Mineral Wells & Northwestern Railway Co. v. GrangerTexas Supreme Court · 1894
- Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
- Morgan v. . Bon Bon Co.New York Court of Appeals · 1917
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