Merchants' Line v. Baltimore & Ohio Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 27, 1915, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The undisputed facts show that plaintiff’s contract was not procured by violation of the Penal Code.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 27, 1915, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The undisputed facts show that plaintiff’s contract was not procured by violation of the Penal Code. (Tousey v. Hastings, 194 N. Y. 79; Getty v. Williams Silverware Co., 221 N. Y. 34.) The plaintiff upon the making of the contract offered, and during its continuance gave, without any…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought to recover rent for some barges leased by the plaintiff to the defendant. The main defense and the only one which requires any consideration from us on this appeal was and is the one that plaintiff in violation of section 439 of the Penal Law, agreed to give one of defendant’s employees a percentage on the moneys to be received under its contract with the defendant in consideration of his securing the execution of such a contract. Said section of the Penal Law, so far as here material, reads as follows: “ Whoever gives, offers or promises to an agent,…
2Cases cited6 opinions
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Pratt v. . ShortNew York Court of Appeals · 1880
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Woodworth v. . BennettNew York Court of Appeals · 1871
- Duval v. . WellmanNew York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960
- Donemar, Inc. v. MolloyNew York Court of Appeals · 1930
- Jaclyn, Inc. v. Edison Brothers Stores, Inc.New Jersey Superior Court Appellate Division · 1979
- Phillips Chemical Co. v. MorganDistrict Court of Appeal of Florida · 1983
11 more not listed; retrieve them via the Exa API.