Czarnikow, MacDougall & Co. v. Baxter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Czarnikow, MacDougall. & Company, Ltd., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk' of the county of New York on the 24th day of January, 1910, rendered by direction of the court, after a trial at the New York Trial Term, a jury having been waived, dismissing the complaint and directing judgment in favor of the defendants upon their counterclaims, and also from an order entered in said clerk’s…
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Appeal by the plaintiff, Czarnikow, MacDougall. & Company, Ltd., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk' of the county of New York on the 24th day of January, 1910, rendered by direction of the court, after a trial at the New York Trial Term, a jury having been waived, dismissing the complaint and directing judgment in favor of the defendants upon their counterclaims, and also from an order entered in said clerk’s , office on the 7th day of February, 1910, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J. :
This case was tried beforé the court without a jury, upon a stipulation that at the close of the evidence both sides should move for the direction of a verdict and that the court should dispose of the case as though a jury were present. At the close of the case the court granted the motion of the defendants, dismissed the complaint for failure of proof and directed judgment in favor of the defendants on their counterclaim.
On the 25th of October, 1905, the plaintiff entered into a contract with the defendants for the purchase of 26,000 cypress ties, to be delivered by the…
2Cases cited7 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Delafield v. . the J.K. Armsby CompanyNew York Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Daukas v. Shearson, Hammill & Co.Appellate Division of the Supreme Court of the State of New York · 1966