Phillips-Jones Co. v. Reiling & Schoen, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Phillips-Jones Company, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 20th day of January, 1920, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case after a trial at the Bronx Trial Term, and also from an order entered in said clerk’s office on the 30th day of January, 1920, denying plaintiff’s motion for a new trial…
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Appeal by the plaintiff, Phillips-Jones Company, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 20th day of January, 1920, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case after a trial at the Bronx Trial Term, and also from an order entered in said clerk’s office on the 30th day of January, 1920, denying plaintiff’s motion for a new trial made upon the minutes and to set aside such dismissal.
1Opinion of the Court
Dowling, J.:
The complaint herein sets forth the following facts: Plaintiff is engaged in the business of manufacturing and selling shirts; defendant was engaged in the business of vending a fabric known as “ silkendure,” to be used for the manufacture of shirts. In the month of March, 1918, plaintiff and defendant entered into an agreement wherein and whereby the plaintiff agreed to procure orders for shirts to be manufactured by plaintiff of said “ silkendure ” and to purchase of the defendant all of such fabric necessary for the making of samples which plaintiff would use to procure such…
2Cases cited1 opinion
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by4 opinions
- Jay Dreher Corporation v. Delco Appliance Corp.Court of Appeals for the Second Circuit · 1937
- Thuman v. Clawson & Wilson Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Plant Manufacturing Corp. v. RennerAppellate Division of the Supreme Court of the State of New York · 1925
- Jones v. Demuth Glass Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1946