Legal Opinion

Knauss v. Gottfried Krueger Brewing Co.

New York Court of Appeals

Decided April 10, 1894PublishedCited by 62 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of November, 1891, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. No agreement, express or implied, was made in New Jersey. (Waldron v. Richings, 9 Abb.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of November, 1891, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. No agreement, express or implied, was made in New Jersey. (Waldron v. Richings, 9 Abb. Pr. [N. S.] 359.) The contract was to be performed in New York; therefore, the law of New York governs its construction and effect. (Jewell v. Wright,…

1Opinion of the CourtPeckham, J.

This action was brought to recover for services alleged by plaintiff to have been performed by him for defendant in regard to the sale of the brewery owned by the defendant, to one Robert Bliss or his assignee.

The answer 2mt the emqdoyment in issue and denied that any service had been 2>erformed by, or that any sum was due to the plaintiff touching the subject of such sale. The complaint was dismissed upon the trial and the General Term has affirmed the judgment of dismissal.

Upon looking through the record containing the evidence given on the trial it is clear that the admission made by…

2Cases cited3 opinions

  1. Carman v. . BeachNew York Court of Appeals · 1875
  2. Empire State Insurance v. American Central InsuranceNew York Court of Appeals · 1893
  3. Holcomb v. WeaverMassachusetts Supreme Judicial Court · 1884

3Cited by62 opinions

  1. Northeast General Corp. v. Wellington Advertising, Inc.New York Court of Appeals · 1993
  2. Barber's Super Markets, Inc. v. StrykerNew Mexico Court of Appeals · 1972
  3. Village on Canon v. Bankers Trust Co.District Court, S.D. New York · 1996
  4. Allan Fox Co. v. WohlNew York Court of Appeals · 1931
  5. Rule Resources, Ltd. v. Reliance Group, Inc.New York Court of Appeals · 1980

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