Cohen v. Berlin & Jones Envelope Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Berlin and Jones Envelope Com- ' pany, from an interlocutory 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 14th day of April, 1896, upon the decision of the court rendered after a trial at the New York Special Term overruling, the said defendant’s demurrer to the plaintiff’s complaint.
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Appeal by the defendant, The Berlin and Jones Envelope Com- ' pany, from an interlocutory 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 14th day of April, 1896, upon the decision of the court rendered after a trial at the New York Special Term overruling, the said defendant’s demurrer to the plaintiff’s complaint. The demurrer was interposed on the ground that the facts stated did not constitute a cause of action. The only question presented upon the appeal is whether the contract, to recover damages for the…
1Opinion of the Court
Williams, J.:. A contract will not be adjudged to have been illegal when it is capable of a construction which will render it valid., The law will not presume that a contract was made with intent to violate the law, nor is it enough to vitiate a contract that a suspicion or probability of an. unlawful intent arises from the contract itself. (Lorillard v. Clyde, 86 N. Y. 384.)
It seems to us that it cannot be said from an examination of this contract, in the absence of evidence with reference to the circumstances surrounding its execution, the character and business of' the .parties, and the…
2Cases cited2 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Holtz v. . SchmidtNew York Court of Appeals · 1874
3Cited by4 opinions
- Cohen v. Berlin & Jones Envelope Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Export Lumber Co. v. South Brooklyn Sawmill Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Cohen v. Berlin & Jones Envelope Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Lee v. LeeNew York Supreme Court · 1903