Ernst Zobel Co. v. Canals
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ernst Zobel Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 12th day of December,*1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of January, 1919, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The complaint contains two counts; the first is for damages arising from failure of the defendants to accept and pay for 8,000 pounds of indigo in accordance with a contract between the parties; the second is on contract for the balance alleged to be due and owing on the sale and delivery of 3,000 pounds of indigo to the defendants.
*233At the close of the evidence the court dismissed the complaint as to the second count and submitted the first count to the jury, and they rendered a verdict in favor of the defendants. The evidence shows that the latter part of April, 1917, one…
2Cases cited3 opinions
- Havemeyer v. CunninghamNew York Supreme Court · 1861
- Hawes v. . LawrenceNew York Court of Appeals · 1850
- Hawes, Gray & Co. v. Lawrence & HicksThe Superior Court of New York City · 1849
3Cited by4 opinions
- People v. KolowichMichigan Supreme Court · 1933
- People v. HearnsAppellate Division of the Supreme Court of the State of New York · 1963
- Abbate v. SolanAppellate Division of the Supreme Court of the State of New York · 1939
- Symington v. HaxtonAppellate Division of the Supreme Court of the State of New York · 1921