Hartwig v. American Malting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Malting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of February, 1902, upon the verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the 2d day of December, 1901, denying the defendant’s motion to suppress certain depositions taken under a commission issued in the action, and also…
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Appeal by the defendant, the American Malting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of February, 1902, upon the verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the 2d day of December, 1901, denying the defendant’s motion to suppress certain depositions taken under a commission issued in the action, and also from an order entered in said clerk’s office on the 25th day of February, 1902, denying the defendant’s motion for a new…
1Opinion of the Court
Patterson, J.:
On the trial of this action a verdict was directed for the plaintiff, and from the judgment entered upon that verdict, and from an order denying a motion for a new trial, the defendant appeals. The action was brought to recover a sum of money which it is alleged in the complaint the defendant agreed to pay to the plaintiff as the consideration for the cancellation by the plaintiff of a contract made by the defendant with him by which the latter was to sell certain merchandise to the former and deliver it within a period fixed by the contract. It is alleged in the complaint that…
2Cited by5 opinions
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