Stearns v. Shepard & Morse Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Shepard & Morse Lumber Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of May, 1903, upon. the special verdict of a jury and an order of the court reducing the amount of such verdict, and also from an order entered in said clerk’s office on the 25th day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J. :
The action is brought to recover the damages sustained in consequence of the violation by the defendant of a contract by which *50the defendant agreed to discontinue 'a certain action commenced in the State of New Jersey, wherein the defendant in this action was the plaintiff and this plaintiff the defendant, and in which this defendant had obtained an attachment which had been levied upon certain real and personal property of the plaintiff. This agreement as alleged in the 3d subdivision of the complaint, was that the plaintiff was to give his certain bond or obligation in the…
2Cases cited4 opinions
- Williams v. . BarkleyNew York Court of Appeals · 1900
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Cole v. . StearnsNew York Court of Appeals · 1900
- Cole v. StearnsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Jacob v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1905
- Stearns v. Shepard & Morse Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Schwartz v. KuhnAppellate Terms of the Supreme Court of New York · 1914
- Whitehall & St. John's Towing & Transportation Co. v. FishAppellate Terms of the Supreme Court of New York · 1907