Legal Opinion · Dissent

Barnes v. American China Development Co.

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

Decided March 12, 1909Published

Appeal by the defendants, the American China Development Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 22d day of April, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of April, 1908, denying the defendants’ motion for a new trial made upon the minutes.

1Dissent

McLaughlin, J. (dissenting):

This' action was brought to recover the value of seiwicea alleged to have been performed by the plaintiff for the defendants in procuring for them certain contracts, concessions or rights from the Chinese government, among others, one for mining coal..

The complaint charges, among other things : “IY¡ That in or about the month of February, 1898; this plaintiff, at .the special instance and request of the said association, China Railways and Concessions Project, undertook to obtain, on behalf of the said association and in the name of its: said instrument, American…

2Cases cited11 opinions

  1. Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
  2. Holmes v. . JonesNew York Court of Appeals · 1890
  3. Gildersleeve v. . LandonNew York Court of Appeals · 1878
  4. Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
  5. Whitney v. . Town of TiconderogaNew York Court of Appeals · 1891

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