Coyne v. Superior Incinerator Co. of Texas

CHASE, Circuit Judge.. This is an action at law tried to a jury of one to recover the balance due on each of two contracts made by the defendant with one Freiberg, the plaintiff’s assignor. The suit was removed from the New York Supreme Court for diversity of citizenship ; the defendant being a Delaware corporation and the plaintiff a resident of New York. The sole defense below, and the only question here raised, relates to whether or not the contracts are unenforceable because contrary to public policy. When the plaintiff rested, both sides moved for a directed verdict on undisputed…