Zeilian v. James Beggs & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Beggs and Company, from a judgment of the Supreme Court in. favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of March, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of January, 1912, denying the defendant’s- motion for a new trial made upon the'minutes.
1Opinion of the Court
McLaughlin, J.:
Action to recover $5,000 paid by the corporation of which plaintiff is the receiver, to apply upon a contract for the purchase of certain machinery.
The answer set up, as a defense, that the corporation had failed to perform the contract on its part and also, by way of counterclaim, such breach, which entitled it to damages, for which judgment was demanded. The plaintiff had a verdict for the amount claimed, less $700, and from the judgment entered thereon and an order denying a motion for a new trial, defendant appeals.
The facts necessary to be considered in disposing of the…
2Cases cited1 opinion
- Myers v. MyersAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- Blackwell v. Glidden Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Cohen v. International Brokerage & Clearing Co.Appellate Division of the Supreme Court of the State of New York · 1925
- MacK v. Acacia Mutual Life Ass'nMissouri Court of Appeals · 1933
- Trundle v. James Beggs & Co.Appellate Division of the Supreme Court of the State of New York · 1918
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