Diamond Soda Water Manufacturing Co. v. J. N. Hegeman & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Diamond Soda Water Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of January, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order bearing date the 28th day of January, 1902, and entered in said clerk’s office, denying the plaintiff’s motion for a new…
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Appeal by the plaintiff, the Diamond Soda Water Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of January, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order bearing date the 28th day of January, 1902, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
From the complaint in the action it appears that the plaintiff, in' May, 1900, commenced an action against the defendant to recover the purchase price of a carbonating machine or apparatus which had previously been sold by the plaintiff to the defendant and for which there was claimed to be due at the time of the commencement of the action the sum of $500, with interest. Issue was joined therein by the service of an answer, and thereafter, and in January,, 1901, the action was settled and the same was discontinued. Thereafter a dispute arose as to the terms of the settlement, and…
2Cases cited3 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Lewis v. . DuaneNew York Court of Appeals · 1894
- Peru Steel & Iron Co. v. Whipple File & Steel Manufacturing Co.Massachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- United Liquor Company v. StephensonArizona Supreme Court · 1958
- Maloney v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Joseph v. PlattAppellate Division of the Supreme Court of the State of New York · 1909
- Curran v. F. & M. Schaefer Brewing Co.Appellate Terms of the Supreme Court of New York · 1915
- Happel v. City of New YorkNew York Supreme Court · 1909