Judd v. . Harrington
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made June 6, 1892, which affirmed a judgment in favor of defendant, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made June 6, 1892, which affirmed a judgment in favor of defendant, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court decided to submit-the question to the jury whether or not the contract in suit was not void by reason of the intent with which the parties had entered into it. This proceeding was an error in law which entitles this plaintiff to a new…
1Opinion of the CourtO’Brien, J.
The plaintiff, as treasurer of an association called the Hew York and Hew Jersey Sheep Brokers’ Association, sued to recover $10,000, stipulated as liquidated damages, in a contract entered into between the association and the defendant. He was defeated in the action, and one of the questions presented is whether the contract is of such a • character as to entitle the plaintiff to invoke the aid of the court for its enforcement.
The contract was executed, as appears from its date, on the 11th of April, 1887, and was to be operative from the first of January preceding. The parties who signed…
2Cases cited2 opinions
- Leonard v. . PooleNew York Court of Appeals · 1889
- People v. SheldonNew York Supreme Court · 1893
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- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Matter of DaviesNew York Court of Appeals · 1901
- Cummings v. . Union Blue Stone Co.New York Court of Appeals · 1900
- People v. Sacramento Butchers' Protective Ass'nCalifornia Court of Appeal · 1910
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