Cutting v. Miner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry C. Miner, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 22d day of October, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of October, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Henry C. Miner, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 22d day of October, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of October, 1897, denying the defendant’s motion for a new trial made upon the minutes. The action was for damages for the breach of a contract whereby the defendant “ agreed,” to quote the complaint, “to play the plaintiff an engagement one week and Saturday matinee” at the Newark theatre; to pay…
1Opinion of the Court
Barrett, J.:
Upon the main issues in this case the jury found against the defendant’s contention. . We see no reason for disturbing their verdict upon these issues. The evidence was certainly conflicting, and it was fairly and correctly submitted to the jury in a careful charge by the learned trial justice. The serious question is as to the damages awarded. The learned trial justice submitted the case to the jury in two aspectsFirst, as to the prospective profits of the performances under the contract; and, second, as to the expenses incurred by the plaintiff in preparing therefor. He very…
2Cases cited5 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Dart v. LaimbeerNew York Court of Appeals · 1887
- Moss v. . TompkinsNew York Court of Appeals · 1895
- Crittenden v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Ft. Smith W. R. Co. v. WilliamsSupreme Court of Oklahoma · 1912
- Wooldridge v. SheaAppellate Division of the Supreme Court of the State of New York · 1919
- Stanley Trading Co. v. Bensdorp, Inc.Appellate Division of the Supreme Court of the State of New York · 1951