A. Schwoerer & Sons, Inc. v. Stone
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, A. Schwoerer & Sons, Incorporated, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Hew York on the 25th day of January, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Hew York Trial Term.
1Dissent
Ingraham, J.(dissenting):
So far as appears from this record, the defendant had no personal interest in the performance of this contract. He appears to have been an officer of a corporation who had a mortgage upon the prop erty that was being improved; but the record certainly shows no personal-interest which would be benefited by the performance of the plaintiff’s contract. The' .plaintiff having a contract with, a contractor to-erect a building upon the premises described, who was in financial difficulties, had refused to carry out his contract. He saw the defendant, stated his position, and…
2Cases cited2 opinions
- Raabe v. . SquierNew York Court of Appeals · 1895
- Reisler v. SilbermintzAppellate Division of the Supreme Court of the State of New York · 1904