Dunham v. Hastings Pavement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hastings Pavement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 5th day 'of November, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of Novemher, 1903, denying the defendant’s motion for a new trial made upon the minutes..
1Opinion of the Court
McLaughlin, J.:
This action is based upon a written contract by which plaintiff was appointed for the period of five years, with a right of renewal, the sole agent of the defendant to secure the right to make bids for and introduce asphalt block pavement in the city of New York. There have been two trials and two appeals. Upon the first trial the complaint was dismissed at the close of plaintiff’s case, because the contract, in the opinion of the learned trial justice, when construed in the light of the evidence, was void on the ground of public policy, inasmuch as it contemplated what is…
2Cases cited12 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Beck v. BaumanAppellate Division of the Supreme Court of the State of New York · 1919
- Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
- Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
- Foley v. StateNew York Court of Claims · 1941
- Ginsberg v. FriedmanAppellate Terms of the Supreme Court of New York · 1910
8 more not listed; retrieve them via the Exa API.