Miller v. Union Switch & Signal Co.
New York Supreme Court
Exceptions from circuit court, New York county. Action by Frank W. Miller against the Union Switch & Signal Company, At the trial, the court directed a verdict for plaintiff, and ordered defendant’s exceptions to be heard in the first instance at the general term. For former reports, see 9 N. Y. Supp. 655, 659.
1Opinion of the CourtVan Brunt, P. J.
This action was brought on the 13th of October, 1888, by the plaintiff,-as the assignee of one Johnson, to recover an installment of royalties claimed to have become due to said Johnson on the 1st of June, 1888, under a contract entered into in September, 1886, between said Johnson and the defendant. It appeared upon the trial of the action that on the 31st of October, 1888, this plaintiff commenced an action in the superior court of the city of New York against'this defendant, to recover an installment of royalties under said contract for the quarter ending September 1, 1888, and on the 12th…
2Cases cited1 opinion
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
3Cited by3 opinions
- Puckett v. National Annuity Ass'nMissouri Court of Appeals · 1908
- Carvill v. Mirror Films, Inc.Appellate Terms of the Supreme Court of New York · 1917
- Goldshear v. BarronNew York Supreme Court · 1903