McArdle v. Thames Iron Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Thames Iron Works, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 12th day of October, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day'of November, 1903, denying the defendant’s motion for a new trial made Upon the minutes.
1Opinion of the Court
Houghton, J.:
The plaintiff under the name of “ M. Donnelly & Co.” contracted in writing, through defendant’s agent, to sell to it a quantity of cast iron borings. Delivery'was tendered, and acceptance refused on the ground that the borings were not according to contract, and this action was brought for . the purchase price and damages sustained.
The appellant insists at the outset that the plaintiff cannot maintain this action because at the time of making the contract he was transacting business under a fictitious copartnership name in violation of section 363 of the Penal Code, which makes…
2Cases cited4 opinions
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- Gay v. . SeiboldNew York Court of Appeals · 1884
- Taylor v. Bell & Bogart Soap Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Loeb v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
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- Uhlmann v. Kin DawOregon Supreme Court · 1920
- Green v. Le BeauAppellate Division of the Supreme Court of the State of New York · 1953
- Black v. New York Life InsuranceAppellate Terms of the Supreme Court of New York · 1911
- Alexandre v. Westchester Newspapers, Inc.Mount Vernon City Court · 1938
- People v. PoulosNew York Court of Special Session · 1915