Legal Opinion

Blake v. Voight

New York Court of Common Pleas

Decided December 1, 1890PublishedCited by 2 opinions

Appeal from city court, general term. Action by Frederick D. Blake against Carl Voight, John T. Hand, and Augustus J. Rolle, for commissions for procuring consignments of goods to defendants. The jury found a verdict for plaintiff, and a motion by defendants for a new trial was denied.

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Appeal from city court, general term. Action by Frederick D. Blake against Carl Voight, John T. Hand, and Augustus J. Rolle, for commissions for procuring consignments of goods to defendants. The jury found a verdict for plaintiff, and a motion by defendants for a new trial was denied. From the judgment entered on the verdict, and the order denying their motion for a new trial, defendants appealed to the general term of the city court; and from the judgment of affirmance of the general term, defendants again appeal.

1Opinion of the CourtPryor, J.

Appeal from a judgment of the general term of the city court, affirming a judgment on a verdict and an order denying a motion for a new, trial. Action to recover a percentage of commissions on consignments of *717goods for sale by defendants as factors. The complaint founds the cause of action on an express contract; and the defense is that the agreement was void under the statute of frauds, because “by its terms not to be performed within one year from the making thereof. ” 2 Rev. St. p. 135, § 2. It appears that the result of the negotiations between the parties was embodied in a paper which…

2Cases cited1 opinion

  1. Warren Chemical & Manufacturing Co. v. HolbrookNew York Court of Appeals · 1890

3Cited by2 opinions

  1. Randall v. Michelin Tire Co.New York Supreme Court · 1930
  2. Lajos v. Eden Musee American Co.New York Court of Common Pleas · 1894

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