May v. Hettrick Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hettrick Brothers Company, from an interlocutory 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 29th day of June, 1916, upon the decision of the court after a trial at the New York Special Term.
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Appeal by the defendant, Hettrick Brothers Company, from an interlocutory 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 29th day of June, 1916, upon the decision of the court after a trial at the New York Special Term. The judgment required the defendant to account to plaintiff for part of the moneys received or to be received by it under a contract in writing, bearing date December 11, 1914, between it and George Panagoulapoulos. Appeal by the plaintiff, Morris May, from so much of said judgment as limits the…
1Opinion of the Court
Laughlin, J.:
By the contract defendant agreed to furnish and deliver f. o. b. dock, New York city, 100,000 individual shelter tents intended for the Serbian government. The action is on a claim assigned by the A. B. Kirschbaum Company which I shall refer to as the assignor.
The theory upon which the action was brought and the relief has been awarded is that the assignor and defendant became mutually and jointly interested in obtaining a contract at a specified price per tent from Panagoulapoulos, hereinafter designated the purchaser, running to the assignor, which was to be performed by…
2Cases cited11 opinions
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Selwyn Co. v. . WallerNew York Court of Appeals · 1914
- Marvin v. RogersCourt of Appeals of Texas · 1909
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3Cited by15 opinions
- Forman v. LummAppellate Division of the Supreme Court of the State of New York · 1925
- Hasday v. BarocasNew York Supreme Court · 1952
- Fuller v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Boxill v. BoxillNew York Supreme Court · 1952
- Carns v. BassickAppellate Division of the Supreme Court of the State of New York · 1919
10 more not listed; retrieve them via the Exa API.