Tanenbaum v. Federal Match Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, the Federal Match Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff, rendered by direction of the court after a trial at the New York Trial Term. The issues of fact were brought to trial at a Trial Term held in April, 1904, in New York county.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover liquidated damages specified in a contract between the parties, upon the theory that the plaintiff had become entitled to the same by reason of defendant’s failure to perform.
The complaint alleged that on the 20th of September, 1900, the parties entered into a contract, a copy of which was annexed to and made a part of the complaint, by which the plaintiff agreed to procure for the defendant, each year for a period of ten years from the 10tli of November, 1900, at least $50,000 fire insurance upon its property, in consideration of which the…
2Cases cited4 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Nicoll v. . SandsNew York Court of Appeals · 1892
- Tanenbaum v. Federal Match Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Tanenbaum v. Federal Match Co.Appellate Division of the Supreme Court of the State of New York · 1906