Blanchard Co. v. Rome Metallic Bedstead Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Isaac H. Blanchard Company, and by the defendant, Rome Metallic Bedstead 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 5th day of July, 1917, upon the verdict of a jury as to certain causes of action, certain other causes of action and counterclaims having been dismissed by the court during the progress of the trial, and a verdict having been…
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Cross-appeals by the plaintiff, Isaac H. Blanchard Company, and by the defendant, Rome Metallic Bedstead 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 5th day of July, 1917, upon the verdict of a jury as to certain causes of action, certain other causes of action and counterclaims having been dismissed by the court during the progress of the trial, and a verdict having been directed as to another of the causes of action. The plaintiff also appeals from so much of an order entered in said clerk’s…
1Opinion of the Court
Dowling, J.:
This action was brought to recover the damages claimed to have been sustained by plaintiff by reason of certain alleged breaches by defendant of a lease under seal. Defendant set up various counterclaims for matters arising out of the same lease. Plaintiff has recovered judgment upon its third cause of action in an amount for which defendant had already offered judgment. Various causes of action and counterclaims were withdrawn upon the trial, and others were dismissed. Plaintiff upon this appeal withdrew its contention that the ninth cause of action had been improperly dismissed,…
2Cases cited3 opinions
- Cook v. . WarrenNew York Court of Appeals · 1882
- Van Schaick v. WinneNew York Supreme Court · 1852
- Petty v. EmeryAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
- Du Pont Automobile Distributors, Inc. v. Du Pont Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- Stanley Trading Co. v. Bensdorp, Inc.Appellate Division of the Supreme Court of the State of New York · 1951