Napier v. Spielmann
New York Supreme Court
Motion by the defendants, upon the trial justice’s minutes, to set aside the verdict and grant a new trial on all the grounds specified in section 999 of the Code of Civil Procedure.
1Opinion of the CourtGiegerich, J.
This is a motion by the defendants, upon my minutes, on the grounds specified in section 999 of the Code of Civil Procedure, to set aside the verdict which the jury rendered against them for $13,000 in an action to recover damages claimed to be the result of a breach of the contract hereafter referred to. The verdict is sought to be upheld upon the theory that the plaintiff was prevented by the defendants from performing. The contract, which was entered into in July, 1900, recites that the plaintiff was a member of the firm of Westerhoff Brothers & Napier, doing business at Paterson, N. J.,…
2Cases cited16 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- Eddy v. . DavisNew York Court of Appeals · 1889
- Coe v. . HobbyNew York Court of Appeals · 1878
- Smith v. . KerrNew York Court of Appeals · 1888
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3Cited by1 opinion
- Wilson v. SchoonoverWyoming Supreme Court · 1940