Liberty Wall Paper Co. v. Stoner Wall Paper Manufacturing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 12, 1902, affirming a judgment in favor of the defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 12, 1902, affirming a judgment in favor of the defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error on the part of the trial court to admit in evidence, over the objection and exception of the plaintiff, the written assignment made by Stoner to the defendant. (Dean v. M. E. R. Co., 119 N. Y. 540 ; Hare v. Van Deusen, 32 Barb. 92; N. Y. Shot Co. v.…
1Opinion of the CourtO’Bbien, J.
The issués in this case arise upon the defendant’s counterclaim and the reply thereto, the affirmative cause of action set out in the complaint having been disposed of in a former decision of this court (170 N. Y. 582). The counterclaim was for damages claimed to have been sustained by the defendant for breach of a written contract entered into between the plaintiff and one Stoner, bearing date the 28th day of April, 1899. By the terms of this contract the plaintiff agreed to sell, make and deliver to Stoner paper hangings to the amount of between $25,000 and $50,000 on terms and prices as…
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- Cohen v. WolffAppellate Terms of the Supreme Court of New York · 1915
- Warren v. TraubAppellate Division of the Supreme Court of the State of New York · 1952