Schwartzman v. Pines Rubber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pines Rubber Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of June, 1918, and also from an order entered in said clerk’s office on or about the same day, as resettled by an order entered in said clerk’s office on the 7th day of June, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The defendant had three contracts (or orders) with government. The plaintiff sues for commissions in procuring two of the contracts, and for damages for breach of defendant’s agreement to employ plaintiff in procuring the third contract. He recovered upon both causes, and the defendant appeals.
By answer, and at trial by motions, objections and requests the defendant asserted a defect of parties in that Wells was a stranger to the suit. Soon after the plaintiff and defendant *751had agreed for the services, the plaintiff associated himself with Wells, with whom the plaintiff agreed to…
2Cases cited18 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Kromer v. . HeimNew York Court of Appeals · 1879
- Gilder v. . DavisNew York Court of Appeals · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lake v. WilsonSupreme Court of Arkansas · 1931
- Ambatielos v. Foundation Co.New York Supreme Court · 1952
- Bradford v. Durkee Marine Products Corp.New York Supreme Court · 1943
- Fullmer v. ProctorIdaho Supreme Court · 1938
- Smith v. HeppnerMichigan Supreme Court · 1936