Barnes v. American China Development Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the American China Development Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 22d day of April, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of April, 1908, denying the defendants’ motion for a new trial made upon the minutes.
1Dissent
Houghton, J. (dissenting):
1 concur-in the conclusion reached by Mr. Justice McLaughlin and in the reasons advanced by him for affirming this, judgment.
It is not an answer to plaintiff’s claim to say that he did not obtain from the Chinese government an unassailable and absolutely valid concession to mine coal.- Whatever the concession was,.-it was good1 enough for the defendants; to adopt and- call valid, and turn back to *59the Chinese government as part consideration for the $6,000,000 which that government paid because of its cancellation. Being valid enough to use in this way, it was good…
2Cases cited8 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Mercer v. . VoseNew York Court of Appeals · 1876
- Jackson v. StackhouseNew York Supreme Court · 1823
- Slayton v. HemkenNew York Supreme Court · 1895
- Fells v. VestvaliNew York Court of Appeals · 1865
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