Velleman v. Sidney Blumenthal & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sidney Blümenthal & Company, from a 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 5th day of April, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of April, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Page, J. (dissenting):
I cannot concur in the reversal of this judgment and a dismissal of the complaint. In my opinion there was a question of fact for the jury and their finding should be conclusive. The salient facts of the case are as follows: The action was for damages for breach of contract to sell and deliver merchandise. The defendant is a large manufacturer of plush and pile fabrics. The plaintiff is a manufacturer of ladies’ hats, using such material as the defendant produced.
In the latter part of 1912 the defendant printed a circular in which it invited “ blanket orders ” for its…
2Cases cited3 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Rochester Printing Company v. . LoomisNew York Court of Appeals · 1890
- Wiener v. MayerAppellate Division of the Supreme Court of the State of New York · 1914