De Groff v. . American Linen Thread Company
New York Court of Appeals
Appeal from the Supreme Court. The complaint was that in January, 1853, the defendant, a manufacturing corporation organized under chapter 40 of 1848, having its place of business at Mechanicville, Saratoga county, owned goods and merchandise in a brick store at that place suitable for retailing and worth about $2,500. The plaintiff purchased the goods, agreeing to pay for them $3,200, in consideration of which agreement the defendant agreed that if its trustees then in…
Read the full summary
Appeal from the Supreme Court. The complaint was that in January, 1853, the defendant, a manufacturing corporation organized under chapter 40 of 1848, having its place of business at Mechanicville, Saratoga county, owned goods and merchandise in a brick store at that place suitable for retailing and worth about $2,500. The plaintiff purchased the goods, agreeing to pay for them $3,200, in consideration of which agreement the defendant agreed that if its trustees then in office should, at any time within one year from March 1,1853, cease to have the management of the affairs of the company and…
1Opinion of the CourtBacon, J.
The order for a new trial, granted by the Supreme Court at general term in the fourth district, proceeds substantially upon two grounds: • 1. That the contract entered into by the defendants with the plaintiff, out of which the cause of action arises, is void either as being ultra vires, or as contravening public policy; and 2. That if valid, a breach was not shown inasmuch as it was not proved that a diversion of trade from the plaintiff, against which it was intended to furnish an indemnity, was caused by the positive acts of the company. I think the court erred in both these conclusions.
If…
2Cited by32 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
- Bradley v. BallardIllinois Supreme Court · 1870
- Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
- Irwin v. . CurieNew York Court of Appeals · 1902
27 more not listed; retrieve them via the Exa API.