Hearn v. Schuchman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, George A. Hearn and others, as copartners, etc., from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 33d day of April, 1911, denying plaintiffs’ motion for judgment on the pleadings. Order affirmed, with ten dollars costs and disbursements, on the opinion of Mr. Justice Kelby at Special Term (-Reported in 80 Mise.
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Appeal by the plaintiffs, George A. Hearn and others, as copartners, etc., from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 33d day of April, 1911, denying plaintiffs’ motion for judgment on the pleadings. Order affirmed, with ten dollars costs and disbursements, on the opinion of Mr. Justice Kelby at Special Term (-Reported in 80 Mise. Rep. 311), except in so far as such opinion may suggest that the sufficiency of the complaint herein is in any way affected by the fact that the defendant has been…
1Opinion of the Court
Burr, J.:
I concur in the affirmance of the order appealed from, but venture to suggest an additional reason therefor. As the various contracts for repairs and the sale of goods have been executed by the defendant, and the plaintiffs have accepted and retained the subject-matter thereof, in my opinion, in an action to recover the agreed price they could not refuse to complete such contracts and pay. such price because these contracts were preceded by another and corrupt agreement between the defendant and the purchasing agent of the plaintiffs. (Ballin v. Fourteenth Street Store, 54 Misc. Rep.…
2Cases cited4 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Ballin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Ballin v. . Fourteenth Street StoreNew York Court of Appeals · 1909
- Ballin v. Fourteenth Street StoreNew York Supreme Court · 1907
3Cited by3 opinions
- Babcock v. Warner Bros. Theatres, Inc.Appellate Division of the Supreme Court of the State of New York · 1934
- Hearn v. SchuchmanAppellate Division of the Supreme Court of the State of New York · 1913
- Morgan Munitions Supply Co. v. Studebaker Corp.Appellate Division of the Supreme Court of the State of New York · 1917