Legal Opinion

Keene v. Newark Watch Case Material Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1903PublishedCited by 5 opinions

Appeal by the defendant, The Fewark Watch Case Material Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 27th day of October, 1902, upon the decision of the court rendered after a trial at the Few York Special Term overruling the defendant’s demurrer to the plaintiff’s amended complaint.

1Opinion of the Court

Laughlin, J.:

The demurrer is upon the ground that the complaint fails to state facts sufficient to constitute a cause of action. The plaintiff had a contract with the Camm Watch Case Company by which he was to deliver gold to it for manufacture into watch cases, and it agreed to account to him at all reasonable times for the gold thus furnished and to satisfy any obligation that might arise during the existence of the agreement or at its termination, on account of any loss in gold in handling and using the same in the execution of the contract. The contract, by its express terms, was to…

2Cited by5 opinions

  1. Braddock v. BrockmanCourt of Appeals of Texas · 1932
  2. Merrill v. Equitable Surety Co.New York Supreme Court · 1928
  3. Chicago Crayon Co. v. SlatteryNew York Supreme Court · 1910
  4. Fish v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1913
  5. Keene v. Newark Watch Case Material Co.Appellate Division of the Supreme Court of the State of New York · 1906

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