Stemmerman v. Kelly
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, William 0. Stemmerman, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court on a trial at the New York Trial Term in June, 1911.
1Opinion of the Court
Laughlin, J.:
This is an action of an assigned claim for damages for a breach of contract. At the opening on the trial a motion was made in behalf of the defendant for a dismissal of the complaint on the ground that the contract on. which the action is based was against public policy, and, therefore, void. The motion was denied, but the court excluded all evidence offered in behalf of the plaintiff, excepting the contract itself, and on a renewal of the motion on the same ground dismissed the complaint.
The plaintiff’s assignor, the Densmore Stabler Refining Company, a corporation organized…
2Cases cited12 opinions
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Hodge v. . SloanNew York Court of Appeals · 1887
- Locker v. . American Tobacco CompanyNew York Court of Appeals · 1909
- Central New York Telephone & Telegraph Co. v. AverillNew York Court of Appeals · 1910
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3Cited by8 opinions
- Anheuser-Busch, Inc. v. AbramsNew York Court of Appeals · 1988
- Big Top Stores, Inc. v. Ardsley Toy Shoppe, Ltd.New York Supreme Court · 1970
- Melodies, Inc. v. MirabileAppellate Division of the Supreme Court of the State of New York · 1958
- Dawn to Dusk, Ltd. v. Frank Brunckhorst Co.Appellate Division of the Supreme Court of the State of New York · 1965
- Melodies, Inc. v. MirabileAlbany City Court · 1957
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