E. Heller & Brother v. Continental Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Continental Mills, 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 10th daw of March, 1920, upon the general verdict of a jury rendered, by direction of the court upon stipulation of the parties after a special verdict had been rendered by the jury by direction of the court, and also from an order entered in said clerk’s office on the same day granting plaintiff’s…
Read the full summary
Appeal by the defendant, Continental Mills, 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 10th daw of March, 1920, upon the general verdict of a jury rendered, by direction of the court upon stipulation of the parties after a special verdict had been rendered by the jury by direction of the court, and also from an order entered in said clerk’s office on the same day granting plaintiff’s motion for the direction of a general verdict in favor of the plaintiff and against the defendant and directing the clerk…
1Opinion of the Court
Laughlin, J.:
I am of opinion that the evidence presented a question of fact with respect to whether the plaintiff’s breach of the contract in failing to make installment payments when due was so material as to justify the defendant in refusing to proceed further, which was properly submitted to the jury, and that, the court erred in setting aside the special and general verdict in favor of the defendant thereon and in directing a verdict in favor of the plaintiff, and that the exceptions thereto require a reversal. The action is by a domestic corporation, a buyer, against a foreign…
2Cases cited6 opinions
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Daley v. People's Building, Loan & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
- Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.New York Court of Appeals · 1917
- Gardner v. . ClarkNew York Court of Appeals · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927
- Thuman v. Clawson & Wilson Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Society Brand Hat Co. v. Felco Fabrics Corp.District Court, S.D. New York · 1950
- Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927
- E. Stuffer & Co. v. Carbondale Mills, Inc.New York Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.