Thomas Gordon Malting Co. v. Bartels Brewing Co.
New York Court of Appeals
Action No. 1. Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 10, 1911, affirming, by a divided court, a judgment in favor of defendant entered upon the report of a referee. This is one of two actions brought by the plaintiff against the defendant, and both were tried before the same referee.
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Action No. 1. Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 10, 1911, affirming, by a divided court, a judgment in favor of defendant entered upon the report of a referee. This is one of two actions brought by the plaintiff against the defendant, and both were tried before the same referee. This action, called action No. 1, is to recover the purchase price of malt alleged to have been sold and delivered by the plaintiff to the defendant under two written contracts; and action No. 2 is to recover damages for a breach…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] We have reached the conclusion that the judgment, which dismissed the complaint as to both causes of action, must be affirmed as to the first and reversed as to the second. In order to understand the…
2Cases cited7 opinions
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Meyer v. . RedmondNew York Court of Appeals · 1912
- Mills v. HuntNew York Supreme Court · 1838
- Hess v. W. & J. SloaneAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by39 opinions
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
- McGrath v. . Carnegie Trust Co.New York Court of Appeals · 1917
- Muck v. . HitchcockNew York Court of Appeals · 1914
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Milburn v. Miners' & Citizens' BankSupreme Court of Oklahoma · 1924
34 more not listed; retrieve them via the Exa API.