Ehrenworth v. . Stuhmer Co.
New York Court of Appeals
' Appeal from a judgment entered December 12, 1917, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of "the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the Appellate Division to reverse the judgment and to dismiss, the complaint.
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' Appeal from a judgment entered December 12, 1917, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of "the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the Appellate Division to reverse the judgment and to dismiss, the complaint. The order of reversal being silent as to the facts, this court must conclusively presume that the facts were examined and the findings of the jury in favor of…
1Opinion of the CourtElkus, J.
The judgment upon the verdict in favor of
the plaintiff having been reversed on the law and the complaint dismissed by the Appellate Division solely on the ground that the contract' alleged by the plaintiff lacked mutuality, we are required to examine the evidence, taking the view most favorable to the plaintiff. (Melcher v. Ocean Accident & Guarantee Corpn., 226 N. Y. 51; Faber v. City of New York, 213 N. Y. 411.)
In 1907 the plaintiff was a dealer in bread with an established trade or route for the delivery or sale of bread in that part of the borough of Brooklyn in the city of New York which…
2Cases cited17 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Schell v. . PlumbNew York Court of Appeals · 1874
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3Cited by71 opinions
- Rowe v. Montgomery Ward & Co.Michigan Supreme Court · 1991
- Don King Productions, Inc. v. DouglasDistrict Court, S.D. New York · 1990
- Long Beach Drug Co. v. United Drug Co.California Supreme Court · 1939
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Rooney v. TysonNew York Court of Appeals · 1998
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