Simon v. . Etgen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The affirmance by the Appellate Division was not unanimous and this court has power to review the question whether the verdict is supported by the evidence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The affirmance by the Appellate Division was not unanimous and this court has power to review the question whether the verdict is supported by the evidence. (Taylor v. Higgs, 202 N. Y. 65; Clark v. Brooklyn Heights R. R. Co., 174 N. Y. 523.) The construction of the contract by the trial court was erroneous, and…
1Opinion of the CourtWerner, J.
This is an action to recover damages for the breach of a contract evidenced in part by the following letter:
“New York, July 15, 1903.
“Messrs. Rose & Putzel:
“Gentlemen.— If you will procure a general release executed to me by Ferdinand H. Mela of any and every claim that he may allege that he has against me, I will agree to pay you for his account whatever sum I may realize on the sale of the Coronet, 58th Street and Sixth Avenue, over and above six hundred and ninety thousand dollars, but only to the extent, however, of twenty-five thousand dollars, so that in no event shall he receive from…
2Cases cited10 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- King v. . LeightonNew York Court of Appeals · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- Carl H. Neuman, Plaintiff-Appellee-Cross-Appellant v. Otis G. Pike, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1979
- Wigand v. . Bachmann-Bechtel Brewing Co.New York Court of Appeals · 1918
56 more not listed; retrieve them via the Exa API.